LETTERS AND OTHER WRITINGS
OF
JAMES MADISON,
VOL. I.
LETTERS
AND OTHER WRITINGS
OF
JAMES MADISON
FOURTH PRESIDENT OF THE UNITED STATES.
IN FOUR VOLUMES.
PUBLISHED BY ORDER OF CONGRESS.
VOL. I.
1769-1793.
PHILADELPHIA:
J. B. LIPPING 0 TT & CO.
1867.
Entered according to act of Congress, in the year 1865, by
J. B. LIPPINCOTT & CO.,
in the Clerk's Office of the District Court of the United States for the Eastern District
of Pennsylvania.
MA ? /O
ADVERTISEMENT.
ON the 3rd of March 1837, Congress appropriated $30,000
for the purchase of the MSS. of ME. MADISON referred to in a
letter from Mrs. Madison to the President of the United States,
dated 15 November, 1836 *
On the 14th of October 1837, Congress passed an Act grant
ing to Mrs. Madison the right to publish in foreign countries,
for her own benefit, her husband's MS. Debates of the Con
vention of 1787.f
On the 9th of July 1838, Congress passed an Act authoriz
ing the Library Committee to cause the Madison Papers to be
printed and published, and appropriating $5,000 for the
purpose. $
Those Papers were accordingly published in three vols. 8vo.,
Washington 1840, printed by Langtree and O'Sullivan. They
contain MR. MADISON'S Eeports of Debates during the Congress
of the Confederation, [1782, 1783, and 1787,] and in the Federal
Convention of 1787 : Also letters to Greneral Washington, Mr.
Jefferson, Mr. Eandolph, Mr. Pendleton, and Mr. Joseph Jones,
and a few other letters, written during the period covered by
those Eeports. [Yol. I. pp. 43 — 186, 469 — 580. Vol. II.
pp. 615 — 682.]
On the 31st of May 1848, Congress passed an Act appropri-
* President's Message, December 6, 1836. Madison Papers, I. xvi, xvii.
f Statutes at Large, v. 205. J Stat. L. v. 309.
VI ADVERTISEMENT.
ating $25,000 to purchasing from Mrs. Madison all the unpub
lished MSS. of her husband, etc. ; James Buchanan, John Y.
Mason, and Eichard Smith, to be trustees to hold, etc., $20,000
for her *
On the 18th of August 1856, Congress appropriated $6,000
to printing and publishing 1,000 copies of the Papers of MR.
MADISON, then in the State Department, under the direction of
the Joint Committee on the Library of Congress.f
The publication now made under the last mentioned Act, is
in four vols. 8vo. and contains letters of MR. MADISON, from 1769
to 1836, being a period of more than sixty seven years. A few
only of these letters are contained in the three volumes publish
ed in 1840.
To the papers referred to in the Act of 18 August 1856, the
Library Committee have, in the present publication, made some
additions. Among them are MR. MADISON'S celebrated " Exam
ination of the British doctrine, &c.; &c.," written in 1806 ; his
pamphlet entitled " Political Observations," published in 1795 ;
some Essays, chiefly political, published in 1791 - '92 ; the
Virginia proceedings of 1798, &c., which became a frequent
subject of exposition with him in his later years. The Com
mittee have also been enabled, through the courtesy of Mr.
James C. McGuire of Washington City, to add from originals
in his possession, MR. MADISON'S statements in relation to Sec
retaries Smith and Armstrong ; his apologue of " Jonathan and
Mary Bull ; " his memorandum of Bollman's interview with
President Jefferson, concerning Burr's conspiracy ; his letter on
Napoleon's return from Elba ; his note for the Princess, now
Queen, Victoria ; and his " Advice to my Country."
* Stat. L. ix. 235. t Stat. L. xi. 117.
ADVERTISEMENT. yii
The Chronological order of arrangement has been preferred,
as being, on the whole, the most convenient. Any advantages
of other plans are supposed to have been secured by the inser
tion of an analytical table of Contents and an Index of letters
for each volume, with a copious General Index to the whole
work.
CONTENTS OF VOL. I.
PAGE.
1769.-— [P. 1—3.]
To Rev. Thomas Martin. Nassau Hall, Aug. 16 - 1
Friendly salutations. President Blair's account of the College of New
Jersey. " Britannia's Intercession for John Wilkes." Prospect of
College life* Approaching examination - -1
To James Madison. Nassau Hall, Sept. 30 - 2
Commencement. Degrees confirmed. Honorary degrees 2
Exercises, College honors, choice of tutors, &c. - 2, 3
1770.— [P. 4.]
To James Madison. Nassau Hall, July 23 - 4
Letter of New York Merchants burnt by the students in College yard.
Increase of students - ... 4
1771.— [P. 4, 5.]
To James Madison. Princeton, Oct. 9 ... 4
Dr. Witherspoon's visit to Virginia .... 4
1772.— [P. 5—7.]
To William Bradford, Jun. Orange, Va., Nov. 9 - - - 5
Moral and religious considerations - .... 5
Infirm health. History and the science of morals. Fops 6
Is teaching his brothers and sisters. Personal allusions - - 6, 7
1773.— [P. 7—10.]
To William Bradford, Jun. Orange, Va., April 28 7
Punctiliousness in correspondence. "Candid remarks." Freneau's
works, &c., &c. - 8
To William Bradford. Orange, Va., Sept. 6 9
Mr. Erwin's discourse, &c. - -10
1774.— [P. 10—17.]
To William Bradford, Jr. Jan. 24 - - - 10
Proceedings in Philadelphia with regard to the tea - 10
Obduracy, &c., of the Governor of Massachusetts. Evils of ecclesias
tical establishments. History, belles lettres, &c., &c. - 10, 11
Mr. Brackenridge. Manners, &c. Virginia. Persecution - - 12
To William Bradford, Jr. Virginia, Orange County, April 1 13
Mr. Brackenridge's illness. Religious liberty. The Clergy - - 13, 14 1
Caspapini's letters. Correspondence of friends - 15
ix
X CONTENTS OF VOL. I.
PAGE
1774, — Continued.
To William Bradford. Jr. July 1 - 15
Public affairs. Indians. Sympathy in Virginia with the people of
Boston. Rumor concerning Gov. Gage - - 16
The fast and the Scotch clergymen. Dean Tucker's tracts - 17
1775.— [P. 17—20.]
To William Bradford. Virginia, Orange County, January 20 17
Brackenridge's poem - 18
Preparations for defence. The Quakers - 18, 19
Logan's speech. Rev. Moses Allen - - - 19, 20
1776.— [P. 21— 28.J
To James Madison. Williamsburg, June 27 21
The Convention. Rumor of maritime aid to Dunmore - 21
COPT OP THE DECLARATION OF RIGHTS, AS REPORTED BY THE SELECT COMMIT
TEE OF THE VIRGINIA CONVENTION OF 1776 - 21
DRAFT OP A PLAN OF GOVERNMENT FOR VIRGINIA - 24
1777.— [P. 28—30.]
To James Madison. Orange, March - 28
Case of Benjamin Haley, arrested for seditious language - 28
1778.— [P. 30—32.]
To James Madison. Williamsburg, January 23 30
Dissuasion from resigning Lieutenancy of the County - - 30
To James Madison. Williamsburg, March 6 - 31
Effect in England of Burgoyne's surrender. Rumored rescue of pris
oners by a New England privateer. Arrival of a cargo from Nantes.
Treaty expected - 31
1779.— [P. 32, 33.]
To Col. James Madison. Williamsburg, December 8 - ?,1
Requisitions from Congress. Proposed tax on tobacco, &c. Prices - 32
Suggestions for the instruction of a younger brother. College arrange
ments. Bear skins, &c. - - 33
1780.— [P. 34—41.]
To Col. James Madison. Philadelphia, March 20 - - 34
Depreciation of the paper currency. Financial scheme - 34
To Edmund Pendleton. Philadelphia, October 3 - - 34
Reported proceedings of Spain. Arnold's treason - - 35
To Edmund Pendleton. Philadelphia, October 10 - - - 35
Military movements. Rodney. Ternay. Guichen. Execution of Andrd.
Smith. Arnold - ,. 36
To Edmund Pendleton. Philadelphia, November 14 - 37
Information from New York. Destruction of Schoharie. Exchange
of prisoners. Gen. Washington. Rumors - - - - 37
CONTENTS OP VOL. I. x(
PAGE.
1780,— Continued.
To Edmund Pendleton. Philadelphia, No^. 21 38
Embarkation at New York. Supposed purposes of the enemy - 38
Information from J. Adams. Reported death of Gen. Woodford - 38, 39
To Edmund Pendleton. Philadelphia. December 5 39
Letters from Jay and Carmichael. Portugal, France, Spain - 39
Tempest in the West Indies. Its effects - - - 40
To Edmund Pendleton. Philadelphia, December - - 40
Partial accession of Portugal to the neutral league - - 40
Removal of Sartine, Minister of French Marine. Succeeded by De Cas
tries. Laurens committed to the Tower - - - -41
1781.— [P. 41—58.]
To Edmund Pendleton. Philadelphia. January 23 - 41
Discontents among the German troops in New York. Rumored pro
ject of British Ministry - - 41
France and Spain. Arnold's irruption - 42
To Edmund Pendleton. Philadelphia, February - - 42
Proposed exchange of C. Taylor. Admiralty Department - - 42
Preparations of the enemy - - - 43
To Edmund Randolph. Philadelphia, May 1 - 43
Mr. Jefferson, and the defence of the title of Virginia - 43
To Philip Mazzei. Philadelphia, July 7 - 44
Summary of military events since 1779. Siege of Charleston. Battle
of Camden - - 44
Recall of Gates. Succeeded by Greene. Morgan defeats a detach
ment of Cornwallis's best troops. Cornwallis's pursuit and retieat.
Battle with Greene. Recovery of posts in South Carolina. Greene's
operations. Progress in the re'r.emption of Georgia - 45
Cornwallis?s advance into Virginia. Arnold. Fayette. Cornwallis
at Chesterfield. Tarleton's expedition. Its full object defeated.
Governor Jefferson declines a re-election. Nelson elected Gov
ernor. Tarleton's retreat. Retreat of Cornwallis to Richmond, and
thence to Williamsburg. Fayette's pursuit. Bellini - 46
Conjectured movements in the Northern Department. Financial vicis
situdes. Depreciation of old Continental bills - 47
Probable financial improvement. R. Morris. Great advantage of the
naval superiority of the enemy - 48
Barbarities of the enemy in the Southern States. Moral effect - 49
To Col. James Madison. Philadelphia, August 1 - - 50
Russian offer of mediation. Gen. Washington's operations - 50
Rumor of a proposed evacuation of Virginia. Speculators. Prices -50,51
To Edmund Pendleton. Philadelphia, Sept. 18 51
Rumors, De Banes. Digby. Arnold's blow on New London. Selfish
projects of Spain. Washington. Rochambeau - - 51
Advantages of Washington's presence in Virginia - - 52
Xli CONTENTS OF VOL. I.
PAGE-
1781.— Continued.
To Edmund Pendleton. Phila., October 2 - -52
Speech of C. J. Fox, &c. Intelligence from N. York - 52
Digby. Impending fate of Cornwallis. Information from Europe.
Objects deserving attention from the legislature of Virginia - 53
To Edmund Pendleton. Phila., October 9 - 54
Property of Virginia seized by Nathan - 54
To Edmund Pendleton. Phila., October 16 - 54
Defence of Mr. Jay. Situation of Cornwallis. Case of Nathan against
Virginia - . 55
To Edmund Pendleton. Phila., Nov. 27 56
Arrival of Gen. Washington. Virginia proportion of men. Proceed
ings in the Virginia Assembly on Territorial cessions. Influence of
British reverses on the question of peace - - 56
To Edmund Pendleton. Phila., Dec. 11 - - 57
Harrison elected Governor of Virginia. Letters and obliquity of
Deane. Proceedings of Congress. Requisitions on the States - 57
To Edmund Pendleton. Phila., Dec. 25 - - 58
Commodore Johnson's capture, &c., of Dutch vessels. Jefferson's hon
orable acquittal, abilities, and patriotism - - 58
1782.— [P. 58—61.]
To James Madison. February 12 - . 58
Remittances, books, &c. - - 59
To Col. James Madison. Phila., March 30 - 59
Conjectured plans of British Ministry - 59
To James Madison. Phila., May 20 - - - 60
Rivington's spurious publications. "William Madison. Jefferson's
election to the Virginia legislature - - 60
Continental money. Public duties, &c. - 60, 61
1783.— [P. 61—66.]
To James Madison. January 1 61
Negotiations for peace. Oswald - 61
To James Madison. Phila., February 12 61
Rumors concerning peace. Fall in price of imported goods - 61
To Thomas Jefferson. Phila., February 11 - - 62
Anecdote concerning Franklin and A. Lee. Jefferson's detention at
Annapolis. Proceedings of Congress. Valuation of the land - 62
J. Adams. Franklin. E. Randolph - 63
To Gen. Washington. Phila., April 29 64
McHenry's merits. &c. - - 64
To James Madison. Phila., May 27 - 64
Books. J. Chew. Progress of the definitive treaty, &c. - 64, 65
To James Madison. Philadelphia, June 5 - - - 65
Newspapers. Pamphlet of Congress concerning Revenue - 65
CONTEXTS OF VOL. I. xiii
PAGE.
1784.— [P. 66—119.]
To Edmund Randolph. Orange, March 10 - 66
Legal studies. Coke Littleton - - 66
Demand, by Executive of South Carolina, of a citizen of Virginia - 66, 67
The propriety of surrendering fugitive offenders. Chastellux's work.
" A notable work, &c." [Qu.: J. Adams's Essay on Canon and Feu
dal laws?] - - 68
To Thomas Jefferson. Orange, March 16 - 68
Delay of the ratification of the peace. Question of international law 69
Questions as to the competency of seven States to a Treaty of peace,
to revoke a commission, &c. Historical argument - - 69, 70, 71
Parliamentary meaning of " appropriation." Unaccountable error of
opinion. Territorial cession - 72
Effort of Pennsylvania for "Western Commerce. Virginia. Declen
sion of Georgetown as a residence for Congress. Virginia politics.
Executive Council. Henry. G. Mason - 73
Boundary between Virginia and Maryland - - 74
Studies and books. Buffon. Confederacies. Bynkershoeck. Wolfius.
Hawkins's Abridgement of Co. Litt. Deane's letters - 75
Spectacles. Surrender of a citizen of Virginia demanded by the Ex
ecutive of South Carolina. Case stated, and questions arising
on it - 76
To Thomas Jefferson. Orange, April 25 - - 77
Mazzei. His views towards a consulate, enmity to Franklin, and fa
vorable opinion of J. Adams. Henry's present politics. Meteoro-
. logical Diary - - 78
Case of the Potowmac. Policy of Baltimore, &c. Proposition of Vir
ginia to arm Congress with certain powers. Recent change in the
British Ministry. Interrogatories. Discovery of a subterraneous
city in Siberia. Equestrian statue - - 79
Catharine 2d and Buffon - 80
To Thomas Jefferson. Richmond. May 15 - 80
Projected revisal of the Constitution of Virginia. R. H. Lee. Henry 80
To Col. James Madison. Richmond, June 5 - 81
Proceedings of the General Assembly of Virginia - 82
NOTES OF A SPEECH IN SUPPORT OF A PROPOSITION FOR A CONVENTION TO REVISE
THE CONSTITUTION OF THE STATE - - 82, 83
PROPOSITION ON THE SUBJECT OF BRITISH DEBTS, SUBMITTED TO THE HOUSE OF
DELEGATES OF VIRGINIA - - 83, 84, 85
To George Washington. Richmond, July 2 85
Efforts in the Legislature of Virginia for the benefit of Thomas Paine.
Prejudices against him. Arthur Lee - - - 85, 86
To Thomas Jefferson. Richmond, July 3 - 86
Private business for his <fc countrymen." Act assigning to Congress
1 per cent, of the land tax, £ per cent, impost on trade - 86
Acts laying certain duties for the foreign creditors of the State. Nor-
CONTENTS OF VOL. I.
PAGE.
1784.— Continued.
folk, Alexandria, York, Tappahannock, and Bermuda hundred, es-
A tablished as ports. British Debts. Protest in the Senate. Effort
/ ! for a State Convention. Henry's opposition
.( Petitions for a general assessment. Project of the Episcopal clergy.
\ Henry preserves it from a dishonorable death. Discourse. Sale
f of public lands at Richmond. Seat of State Government fixed.
Lands about Williamsburg given to the University. Their value.
Lottery for encouragement of Maury's school - 88
Revisal to be printed. Frivolous economy. Failure of effort for re
muneration of Paine. Appointed, together with three others. Com
missioners to negotiate with Maryland in establishing regulations
for the Potomac. W. Maury's school. Jefferson's nephews - 89
Slave tax. Confusion in the Revenue Department. Unskilful draft
ing of resolutions. Scheme for opening the navigation of the Poto
mac under the auspices of Gen. Washington - 89, 90
To Thomas Jefferson. Orange, August 20 - 90
Pamphlet on W. I. trade. Deane's letters. Public opinion in Vir
ginia said to disapprove the proceedings of the Legislature con
cerning British debts. Amending State Constitution - 90
Act restraining foreign trade to enumerated ports. Objections - 90, 91
Striking facts in favor of a general mart. Discrimination in favor of
citizens. Effect of Independence on prices. Tobacco, hemp, wheat,
corn. Chinch-bug - - 91, 92
Views of the probable policy of Spain as to the navigation of the Mis
sissippi. General interest of Europe as bearing on the American
doctrine - 93, 94
Influence of the free use of the Mississippi on the settlement of the
Western country - 96
Necessity of a right to the use of the Spanish shores, and of holding
an entrepot, or using N. Orleans as a free port - 97
Floating magazines. "The Englishman's turn." Batonrouge. Point
Coupfc. Suggestion of purchasing from Spain a portion of ground,
&c. A joint tribunal for adjusting disputes between the Spaniards
and Americans suggested. Treaty of Munster - - 97, 98
British use of the Spanish shore. Construction of a stipulation in
Treaty of 17G3. Jefferson's nephews - 98. 99
To Thomas Jefferson. Philadelphia, September 7 - 99
Fayette. Navigation of the Mississippi. Interests of France. Sup
posed purpose of Spain. Probable interregnum of the Federal Gov
ernment for some time. Messages of friendship, &c., &c. - 100, 101
To Thomas Jefferson. New York, September 15 - - 101
Change of traveling route. Fayette. Accounts of Indian ravages,
&c. - 101, 102
To Thomas Jefferson. New York, October 11 102
Marbois. Arrival at Fort Schuyler. Fayette and the Indians - 102
CONTENTS OP VOL. I. xv
PAGE.
1784.— Continued
Obstacles to treaty. British retention of the posts ... 103
To Thomas Jefferson. Philadelphia, October 17 - - 104
Cypher. Post office espionage in Europe. Fayette, Arthur Lee,
and the Indians - 104, 105, 106
Traits of Fayette's character. Case of Longchamps. Mrs. Trist 106, 107
To James Monroe. Richmond, November - - 107
Cypher. Arrivals of General Washington and Fayette - 107
Balloting for public offices. Elections and rejections - 107, 108
To James Monroe. Richmond, November 14 ... 108
Monroe's critical escape. Indians. Spaniards. Proposed suspen
sion of land surveys, negotiations, river surveys, &c., &c. Scheme
for general assessment. Presbyterian clergy. Successor to Har
rison. Henry. Variances in the Council - 108, 109
To James Monroe. Richmond, Nov. 27 ... 109
Negotiations of New York with the Indians. Federal articles bearing
on the question. Proviso. Rule of construction. Ignominious se
cession at Annapolis. Case of Ho well - - 110
Affair of M. de Marbois. Proposition to authorise Congress to refuse
the surrender of offenders, in certain cases, and under certain cir
cumstances, to foreign powers. Bill for a religious assessment.
Henry. Circuit Courts, &c. - .... m
To Col. James Madison. Richmond, Nov. 27 112
Proceedings of the Legislature - ... 112
To James Monroe. Richmond, Dec. 4 .... 112
British debts. Religious assessment. Henry. Bust of Fayette - 113
To James Monroe. Richmond, Dec. 17 - 114
Revisal of the laws. Religious freedom. Mercer. Corbin - - 114
To James Monroe. Richmond. Dec. 24 - - 114
Proposition to empower Congress to carry into effect the imposts - 114
Act empowering Congress to surrender citizens of the State to the
sovereign demanding them, for certain crimes committed within his
jurisdiction. Concurrent provision for State punishment. The In
dians. Assize courts. General assessment - - 115
NOTES OF. SPEECH IN opposmp>jpe-TH^,GENERAj*.AssESSMEjJi BILL FOB THE
SUPPORT OP RELIGIOUS TEACHERS - - - - * -»- H6
To RichaidJSCnryTiee! Richmond, Dec. 25 • • • 117
/i Lee rs election as President of Congress. Assize bill - 117
1 General assessment bill. Episcopal church. British debts. Bills for
> opening the Potowmac and James rivers, and for water surveys.
Proposition to empower Congress to collect impost within Virginia 118
Project of a Continental Convention. Union of the States essential,
&c. Inefficacy, &c., of the present system: 1785.— [P.119 — 211.] 118,119
To General Washington. Richmond, January 1 - 119
Acts for river surveys. Resolution for settling the jurisdiction of the
Potomac, &c. - - - - - - - 119, 120
CONTENTS OF VOL. I.
PAGE.
1 785 . — Continued.
To James Monroe. Richmond, January 8 - - 120
Political arrangements. R. H. Lee. R. R. Livingston - 120
Variance with Great Britain. Her probable policy. Spain. Natural
right of the Western country to the use of the Mississippi. Difficulty
as to cypher - - 121
Bills concerning Potomac and James Rivers, and presenting shares
to Gen. Washington - - 122
To Thomas Jefferson. Richmond, January 9 - 122
Proceedings of the General Assembly of Virginia. Act for the estab
lishment of the Courts of Assize. Henry previously elected Gov
ernor. Particulars concerning the Assize Act. Acts for opening,
&c., Potowmac and James rivers - - 123
The subject brought forward under Gen. Washington's auspices.
Memorials, &c. 123, 124
Agency of Gen. Washington at Annapolis, concerning the Potomac.
The James river bill. Road to Cheat river, &c. - - 125
Projected survey for a canal between Elizabeth river and North Caro
lina. Considerations leading to the Act vesting in G. Washington
a certain interest in the companies for opening James and Potomac
rivers. His earnestness in the public object, showing that his mind
" capable of great views, and which has long been occupied with
them, cannot bear a vacancy " - 127
Act remitting half the tax for 1785 - 127, 128
Act giving James Rumsey the exclusive privilege of constructing
and navigating certain boats for a limited time. General ridicule
of Rumsey's invention. Washington's opinion of its reality and im
portance. Acts authorizing the surrender of a citizen in certain
cases, &c., to a foreign Sovereign. Authorities - 128, 129
Act incorporating the Protestant Episcopal church. Objections, &c. 130
British Debts. Jones. Henry. Memorials, &c., &c. Thr^teglslation
on this subject left incomplete, from a singular cause. Bill concern
ing depreciated payments into the Treasury. Abortive proposition
concerning the collection of the impost by Congress. Complaint of
the French Vice Consul 133
Henry elected successor to Governor Harrison. Amendment of the
State Constitution. Petitions from Western Virginia for a separate
Government. Arthur Campbell. Revisal. Compensation to the
acting members of the Committee - - 134
To Edmund Randolph. Orange, March 10 - - 135
European affairs. Kentucky Convention - 135
To Marquis Fayette. Orange, March 20 - - 136
Navigation of the Mississippi. Future population and prospects.
Spain, Great Britain, nature, philosophy, and commerce - 136. 137
Narrow policy of Spain. Favorable sentiments of other European
powers. France. Philanthropy of Louis 16 138,139
CONTENTS OF VOL. I.
1785.— Continued.
Domestic affairs. Act of Virginia vesting in G. Washington shares,
&c., &c. Juridical system. jBilLfox ' 'jjoj^oifttiaff-ettf- Religious sys
tem." Anomalous condition of the act for paying British debts - 140
To James Monroe. Orange, March 21 - 141
Jay. Question of etiquette. Foreign Department - - 141
Movement in Kentucky towards an independent Government - 142
To James Monroe. Orange, April 12 - 143
Appointment of J. Adams as Minister to London. Jefferson. Consu
lar arrangements. Maury. Western posts. Massachusetts and
Rhode Island, &c. - - 143
The 8th article of the Confederation. GejoejaLAssessment Act of Vir- '
ginia. Sectarian opinions. A new cypher - - 144
To Thomas Jefferson. Orange, April 27 - 145
Natural philosophy. Pamphlets. Claim of Le Maire. Literary wants.
Felice. De Thou. Moreri - - 145
Treaties on Federal Republics. Law of nations. History of the New
World. Greek and Roman authors. Historians of the Roman Em
pire. PaschaL Ulloa, Linnaeus, Ordonnances Marines. French tracts
on economies of different nations. Amelot's travels. Continua
tion of Buffon. New invented lamp. Pocket compass - - 146
Tax on transfers of land. Tax on law proceedings. Kentucky Con
vention. Scheme for independence - - 147
Uncertainty whether or not Washington will accept the shares voted
to him. Ramsey's Invention. Report of Maryland and Virginia
Commissioners concerning the jurisdiction of Potowmac. Bills in
the General Assembly of Virginia. Elections. Carter, Harrison,
Tyler, Arthur Lee. Fayette. Navigation of the Mississippi. Folly
of Spain 148, 149
Jefferson's nephews. Maury's school. Weather - 150
Invitation to visit Jefferson in France. Subterraneous city discovered
in Sibena. Deaths - 151, 152
To James Monroe. Orange, April 28 - 152
Cypher. Elections. Pendleton, Nicholas, Fry, Harrison, &c. - 152
Disorders of Coin. Weights and measures. Mint. Proposed stand
ard of measures and of weights. Importance of uniformity - 153
To James Monroe. Orange, May 29 - 153
Territorial fund. Western posts. Navigation of the Mississippi. Cer
tificates for discharging interest of home debt - 153
Proposed separation of Kentucky. Rumor that a State has been set
up in the back country of North Carolina. Clause for Township
support of Religion. Opinions - - 154
T9 James Monroe. Orange, June 21 - 155
~Eill_for establishing the Christian religion in ViEgtBia. Commission
ers from TJeorgfaTTo the^anisTi^oveTnTJr^f New Orleans. Out
rage on the Federal Constitution - - ... 155
CONTENTS OF VOL. I.
PAGE
1785.— Continued.
Commercial discontents in Boston, &c. British monopoly df 'trade <
with Virginia. Prices - 156
To R. H. Lee. Orange, July 7 157
Interest of Virginia to part with Kentucky. Congress ought to be
made a party to a voluntary dismemberment of a State. Reasons
for this opinion - 157
Arrival of Gardoqui. The Mississippi. Western posts. British mo
nopoly. Deane's intercepted letters. Deplorable condition of
trade. Prices. Weather. Crops - 158, 159
To Edmund Randolph. Orange, July 26 - - 159
Ecclesiastical journal. Objections to a legal salary annexed to the
t\ title of a parish priest. Gen. Washington and the negotiation with
j Pennsylvania. Mason. Fayette. Neckar. The Mississippi. Spain 1GO
\ / Incorporating act. Course of reading. The bar. Slave labor. Pro
jects of speculation and travel - 161
U MEMORIAL AND REMONSTRANCES AGAINST THE GENERAL ASSESSMENT, ADDRESSED
TO THE GENERAL ASSEMBLY OF VIRGINIA - 162
To James Monroe. Orange, August 7 - 169
Proposed change of the 9th article of the Confederation - 109
The power of regulating trade ought to be a Federal power. Perfect
freedom of trade, to be attainable, must be universal. Exclusive
policy of Great Britain. Retaliating regulations necessary. These
to be effectuated only by harmony in the measures of the States 169, 170
Importance of amending defects in the Federal system - 171
Answer to objections against entrusting Congress with a power over
trade. Difficulties - - 172
To Thomas Jefferson. Orange, August 20 - - 173
Machinations of Great Britain with regard to commerce. Desired
augmentation of the power of Congress. Feeling in Virginia against
Great Britain, and apathy as to commerce - - 173
Paris. Surmise as to British policy. Internal trade. Evil of long
credits to the consumer - 174
Conjectural explanation of the dissolution of the Committee of States
at Annapolis. Fayette 's foibles and favorable traits of character.
General Assessment. Remonstrance against it. Mutual hatred of
the Presbyterians and the Episcopalians. Circuit Courts. Potow-
mac company. James river - - 175
Revised Code. Crops. Prices. Ex-Governor Harrison. Withdrawing
from nomination. Travel. A project - 176
To John Brown, (Kentucky.) Orange, August 23 - - 177
Parental ties. Ideas towards a Constitution for Kentucky. The Legis
lative Department ought to include a Senate. The Senate of Mary
land a good model. That of Virginia a bad one. The other branch.
The extent of Legislative power in many respects necessarily indefi
nite. Subjects proper for Constitutional inhibition. Advantage of
CONTENTS OF VOL. I. XIX
PAGE.
1785.— Continued.
the New York Council of revision - 178
Project and functions of a Select Standing Committee. Executive
Department in State Governments. Objections to it in Virginia 178, 179
Judiciary Department. Importance of an independent tenure and
liberal salaries. A separate Court of Chancery advisable. Repro
bation of Virginia County Courts. Tribunal of impeachment ; how
it should be constituted. Right of suffrage. Mode of suffrage.
Ballot. Plan of representation. Rights of property 180, 181
Annual, triennial, septennial elections considered in reference to the
different departments of power - - 182
Union of different offices in one person - - 183
Periodical review of a Constitution, &c. 183, 184
The Mississippi. Constitutions of the several States, printed by order
of Congress - 184, 185
REMAKES ON MR. JEFFERSON'S DRAUGHT OF A CONSTITUTION FOR VIRGINIA,
SENT FHO.M NEW YORK TO MR. JOHN BROWN, KENTUCKY, OCTOBER, 1788 185
The Senate. A term of six years not more than sufficient - - 185
Objections to appointment of Senators by Districts - 186
A property qualification for voters considered 187, 188
Ballot compared with viva voce voting. Exclusions. Ministers of the \
Gospel. Re-eligibility of members after accepting offices of profit. ^
Limits of power. Capital punishment. Prohibition of pardon - 189
Election of Governor. Council of State. Appointments to office.
Detail to be avoided in the Constitutional regulation of the Judi-
. ciary Department. Court of Appeals. Court of Impeachment.
Objections to the plan proposed. Desiderata in such a Court 190, 191
Trial by Jury. Council of Revision. Extension of the writ of Habeas
Corpus. Emergencies. Proposed exemption of the Press in every
case of true fads - - 195
To Thomas Jefferson. Philadelphia, Oct. 3 - 195
Journey. Disordered affairs of the Confederacy. Efforts of Congress.
Desiderata. Unauthorised expenses of the States. Apportionment
of common debt. Desired powers to Congress to enforce payment
of State quotas, and over trade. R. H. Lee. Grayson. Monroe.
Hardy. Proceedings in certain States 196, 197
African slave trade. S. Carolina. Dr. Franklin's arrival. Washing
ton declines the shares voted to him, &c. - - 198
To General Washington. Richmond, Nov. 11 - 199
The shares. Contest for the chair. Prospect of the adoption of the
Revised Code. Petition for a general manumission. Distresses of
trade. Power over it proposed to be given to Congress. Braxton's
counter propositions. Reports on navigation. Pamphlet attributed
to St. George Tucker - 200, 201
NOTES OF A SPEECH ON THE QUESTION OF VESTING IN CONGRESS THE GENERAL
POWER OF REGULATING COMMERCE FOR ALL THE STATES - - 201
XX CONTENTS OF VOL. I.
PAGE.
1785.— Continued.
To Thomas Jefferson. Richmond, Nov. 15 - - 202
Jefferson's notes. The Revisal - - 203
To James Monroe. Richmond, Dec. 9 - 203
Trade. Suggested convention of Commissioners at Annapolis - 203
Assize bill. The Revisal. Criminal bill. Mercer. Coldness of mem
bers from Kentucky as to immediate separation - - 204
To Gen. Washington. Richmond, Dec. 9 - - 205
The Commercial propositions. Sacrifices of sovereignty on which the
Federal Government rests. Difficulties - 205
Proposed Convention at Annapolis. Alexandria. Exceptional liber
ality and light of its mercantile interest, with regard to a navigation
act. The Revisal. Public credit. Assize and Port bills - 206, 207
Projected canal between Virginia and North Carolina. Memorial of
Kentucky for Independence. Terms of separation - 207, 208
To James Monroe. Richmond, Dec. 24 - - 208
r'^Proceedings of the Legislature. Bills concerning Religious Freedom,
British debts, Proprietary interest in tfi6~NbrIh^rn Neck~7aS3TEe
County Courts - 208, 209
To James Monroe. Richmond, Dec. 30 - - 210
Discussions concerning British debts, and changes in the bill. Dis
paragements of the Treaty. J. Adams 210
Impracticability of rendering the county courts fit instruments of jus
tice. Business depending. Compact with Maryland 211
1786.— [P. 211—269.]
To Thomas Jefferson. Richmond, January 22 - 211
Jefferson's Notes. Arrival of books - - - 211
Harrison elected Speaker. Question of residence. Arthur Lee.
Question of holding office, &c. Progress of Revisal. Crimes and
punishments. Religious Freedom - 212, 213
List of Acts not incIudecTiif the revisal - - 214 — 220
Fayette. Shares voted to Gen. Washington. Conditional pardons.
Alien law. Quit-rents. County Courts. Papers. Courts of As
size - 214, 215
Appointment of Commissioners to Annapolis - - 216
Opposition of Thruston, the Speaker, and Corbin. Port bill. British
debts. Gradual abolition of slavery. Private manumissions 216, 217
Itch for paper money. Postponed tax. Kentucky an independent
State - - 218
Militia Law. Escheat law. Lord Fairfax's lands. Attempts to dis
member the State. Arthur Campbell's faction - - 219
Appropriating Act. Salaries. Tonnage on British vessels. Canal in
N.Carolina. Family affairs. Peter Carr's studies. Le Maire - 220
Large fish bones found in sinking wells. Promotions. Prices - 221
To James Monroe. Richmond, January 22 - 221
CONTENTS OF VOL. I. Xxi
PAGE.
1786.— Continued.
Adjournment of the Legislature. A previous statement corrected.
Navigation system for the State. Tyler, £c. Commissioners to An
napolis. Particulars concerning their appointment. Defects of cer
tain bills for complying with the demand of Congress. Economical
revision of the Civil list 222, 223
To Thomas Jefferson. Orange, March 18 - 224
The Capitol. Books received. Le Maire. Copying press - - 225
Meeting of deputies from Virginia to the Commercial Convention.
Tendency of separate regulations by the States. Deficiencies of pay
ments by the States under calls from Congress - 225, 226
Balance of trade. Importance of the proposed Convention. Difficul
ties and dangers. Prices - - 226, 227, 228
To James Monroe. Orange, March 19 - 228
A Convention preferable to gradual reforms of the Confederation.
Temper of the Assembly, &c. - - 229
To James Monroe. Orange, April 9 - - 229
Action in New Jersey. Gloomy prospect of preserving the Union of
the States. The impost. Materially short of the power which Con
gress ought to have as to trade 229, 230
To Thomas Jefferson. Orange, May 12 - 230
Jefferson's Notes. Books. Pedometer. &c. Inscription for the statue
[of Washington.] Houdon's criticism - 231
Fayette and Rochambeau. Changes in the late elections. G. Mason,
George and John Nicholas, Monroe, Mercer, Bland, &c. - - 232
Refusal of Maryland to appoint deputies for the proposed Convention.
Internal situation of Virginia. Prices. Kentucky. Skirmish with
the savages. Scheme of Independence said to be growing unpopu
lar. Dabney Carr . - 233
Peccan nuts. Sugar tree. Opossums. Buffon. Fallow and Roedeer
not native quadrupeds of America. The Chevruel. The Monax.
The Marmotte of Europe 234, 235
Moles. Buffon's theory. His cuts of Quadrupeds - 236, 237
To James Monroe. Orange, May 13 237
Two Conventions, concurrent as to time, and, in part, as to powers.
Consequent embarrassment, and proposed expedient. Change in
the late elections. Mercer's pamphlet - 237
Mason, &c. Forcing trade to Norfolk and Alexandria. Kentucky.
Disquiet from the savages. Proposed separation - 238
To James Monroe. Orange, June 4 - 238
Proposed journey. Information from the back country. Death of
Col. W. Christian. Kentucky. Paper money - 239
To James Monroe. Orange, June 21 239
Amazing thought of surrendering the Mississippi, and guarantying the
possessions of Spain in America. Objections to these projects. Ad
justment of claims and accounts - 239, 240, 241
CONTENTS OF VOL. I.
F.tGE.
1786. — Continued.
To Thomas Jefferson. Phila., Aug. 12 - 242
Ride through Virginia, Maryland, and Pennsylvania. Crops - 242
Harper's Ferry. Works on the Potowmac. Negotiation for canal
from the head of Chesapeake to the Delaware 242, 243
Rage for paper money. Pennsylvania and North Carolina. South
Carolina. New Jersey, New York, Rhode Island, Massachusetts,
Connecticut, and New Hampshire. Senate of Maryland. Virginia.
G. Mason 244, 245
States appointing and not appointing deputies to Annapolis. Discour
agements of the hope to render the meeting subservient to a pleni
potentiary Convention for amending the Constitution 245, 246
Spanish politics. Temporary occlusion of the Mississippi, and abso
lute negative of the American claim. Embarrassment of personal
situation. The Impost. British debts. Paradise's claim - - 247
Ubbo Emmius - - 248
To James Monroe. Phila., Aug. 15 - - 248
Jay's proposition for shutting up the Mississippi for 25 years - 248
To James Monroe. Phila., Aug. 17 - - 248
Principles proposed by Monroe and Grayson for negotiations with
Spain. Want of cypher 248, 249
To James Monroe. Annapolis, Sept. 11 - - 249
Prospect of a breaking up of the meeting, &c. - - 250
To James Monroe. Phila., Oct. 5 - 250
Alarming progression of a certain measure. Not expedient, because
not just. The maxim, " that the interest of the majority is the po
litical standard of right and wrong," considered - - 251
To James Monroe. Richmond, October 30 - - 251
Navigation of the Mississippi. Paper money. Henry declines re-elec
tion as Governor of Virginia, Randolph and R. H. Lee. Appoint
ments to Congress - - 251. ?52
To Col. James Madison. Richmond, Nov. 1 - 253
Large vote denouncing paper money. Revenue matters. Henry de
clines re-election as Governor. His probable successor. Commo
tions in Massachusetts. Relative strength and suspected aims of the
discontented 253, 254
To Gen. Washington. Richmond, Nov. 8 - 254
Vote against a paper emission. Jay's project. Report from the Dep
uties to Annapolis. Henry. Randolph. R. H. Lee. James. Mar
shall. Nominations for Congress - 252, 2 "3
To Gen. Washington. Richmond, Nov. 8 - - - 254
Shay's Rebellion in Massachusetts. Votes against paper money;
against applying a scale of depreciation to military certificates ;
and for complying with the recommendation from Annapolis in
favor of a general revision of the Federal system. Washington to
CONTENTS OF VOL. I. XXlil
PAGE.
/86 — Continued.
be placed at the head of the delegates from Virginia to the proposed
Federal Convention ... . 254, 255
E. Randolph elected Governor of Virginia. The vote. Col. H. Lee. 255
Combination of the Indians threatening the frontier of the U. States.
Party in Congress in favor of surrendering the Mississippi. Ques
tion of independence in Kentucky. Domestic - 255
NOTES OF A SPEECH rx THE HOUSE OF DELEGATES OF VIRGINIA, IN OPPOSITION
TO PAPER MONEY - - 255 — 257
To Col. James Madison. Richmond, Nov. 16 - 257
Want of a Senate. Indents. Bill making Tobacco receivable in pay
ment of taxes. Certificate tax .... 257
To Col. James Madison. Nov. 24 - - 257
Tobacco bill passed. Objections to an equality of price - - 257
PETITION* FOR THE REPEAL OF THE LA\V INCORPORATING THE PROTESTANT EPIS
COPAL CHURCH - 258
To Thomas Jefferson. Richmond, December 4 - 259
Unanimous vote for a Plenipotentiary Convention in Phila. - - 259
Unanimous Resolutions of the House of Delegates against the project
for bartering the Mississippi to Spain 259, 260
Paper money. Public securities. The consideration of the Revised
Code resumed. Necessity for a supplemental Revision, &c. Bill
proportioning crimes and punishments. Education. Pendleton.
Wythe. Blair. Reform, according to the Assize plan, desperate.
. District Courts. Impolitic measures of the last session - - 261
Attempt to repeal the Port bill. Mason. British debts. Public ap
pointments. Bland. Prentis. Ex-Speaker Harrison. E. Randolph
elected Governor. His competitors, Bland and R. H. Lee. Delega
tion to Congress. H. Lee reinstated. Vacancy in the council.
Boiling Starke. Griffin. Innes. Marshall. Weather. Crops.
Prices - 261, 262
To Gen. Washington. Richmond, Dec. 7 - 263
Reasons for his accepting his appointment to the Convention - - 263
Unfavorable influence on Virginia of the project of Congress on the
Mississippi question. Henry "hitherto the champion of the Fed
eral cause" . 264
Improper legislation to be expected. Tobacco. District Court
Bill 264, 265
To Col. James Madison. Richmond, Dec. 12 _ 265
Tobacco. Resolutions concerning the Mississippi. Port bill. Dis
trict Court bill - 265
Taxes on fees of lawyers, on Clerks, riding carriages. Convention in
Kentucky - 266
To James Monroe. Richmond, Dec. 21 . 266
Legislature of Virginia. District Courts. Paper money in Mary
land - 266, 267
To Gen. Washington, Richmond, Dec. 24 - . 267
XXIV CONTENTS OF VOL. I.
PAGE.
1786.— Continued.
Difficu ties opposing his accepting the appointment to the Convention 267
Tobaccc as u commutable. Defeated projects of Paper money. Grad
uating certificates. Instalments. A property tender. Failure of plan
for reforming the administration of justice. Rage for drawing all
income from trade. Port bill. Revised Code. Bills concerning
Education, Executions, Crimes and punishments. Reason of the
Virginia Senate for negativing a bill defining the privileges of Am
bassadors 268, 269
1787.— [P. 269—368.]
To Edmund Pendleton. Richmond, January 9 - 269
District bill. General Court. County Courts. Negative merit on the
score of justice - 269
Revised Code. Supplemental revision. A succession of revisions
commended - - 270
Regret at the necessity of imposing future labors on Pendleton, Wythe,
and Blair. Rage for high duties. Prudence of the Senate. Swift's
remark. Manufactures. A prevailing argument considered - 271
The seditious party at the Eastward in communication with the Vice
roy of Canada - - 272
To Thomas Jefferson. New York, February 15 - - 272
Recent Legislative proceedings. Rejection of the bill on crimes and
punishments. Rage against horse-stealers. Bill for diffusing knowl
edge. Revisal at large. Reasons for imperfect action on the sys
tem. Committee to amend unpassed bills. Critical question with
the friends of revisal - 272, 273
Henry. Religion. District Court. Taxes on lawyers, clerks, doctors,
town houses, riding carriages, &c., £c. Calonne. Duties on trade.
Tobacco 274
The Mississippi. Jay's project. Deputies from Virginia to the Con
vention for amending the Federal Constitution. Action and expect
ations on that subject in the Carolinas, Maryland, Delaware, Penn
sylvania. New York, Connecticut, Massachusetts, New Hampshire,
and Rhode Island - - 275
To Gen. Washington. New York, Feb. 21 - 276
Meeting of Congress. Objects depending. Treaty of peace. Rec
ommendation of proposed Federal Convention 276
Politics of New York. From States North of it. S. Carolina, Georgia,
&c., &c. Maryland. Rebellion in Massachusetts nearly extinct.
Proposed punishments. - 277
Political opinions. Monarchy unattainable. Republic to be preserved
only by redressing the ills experienced from present establishments.
Virginia the only State making provision for the late requisition 277, 278
To Edmund Pendleton. New York, February 24 - - 278
Lincoln's dispersion of the main body of Massachusetts insurgents.
CONTENTS OF VOL. I. XXV
PAGE.
1787.— Continued.
Escape of principal incendiaries - - 278
Congress recommends proposed Convention. Dispositions, &c., of
New York and other States. Discredit, impotence, &c., of the pres
ent system - 278, 279
Insurrection in Massachusetts. Infamous scenes in Rhode Island. A
partition of the Union into three or more governments, a lesser than
existing and apprehended evils, but a great one. Reorganization
necessary - 280
To Col. James Madison. New York, Feb. 25 - 280
Lincoln's success against the insurgents in Massachusetts. Contumacy
of Connecticut. General distrust, &c. 280, 281
To Gen. Washington. New York, March 18 - 281
Application of the Russian Empress for the Aboriginal vocabularies.
Sample of Cherokee and Choctaw dialects. Appointments for the
Convention. Deputies from Georgia, S. Carolina, N. York, Massa
chusetts. N. Hampshire. Instance of political jealousy in the legis
lature of N. York. Thinness of Congress. Calm restored in Massa
chusetts. Its continuance doubtful. Terms of proffered amnesty
rejected by half of the insurgents - 281, 282
Proposition for relinquishing the claim of N. York to Vermont, and
admitting Vermont into the Confederacy. Agitation at Pittsburg,
caused by the reported intention of Congress concerning the Missis
sippi. Apprehensions from that policy. Refusal by Henry of his
mission to Phila. 283, 284
To Thomas Jefferson. N. York, March 19 - - 284
Appointments for the Convention. Deputies from Massachusetts, N.
York. S. Carolina. Prospect of appointments from Rhode Island,
Connecticut, and Maryland. Deputies from Virginia - 284
Difficulties of the experiment. Proper foundations of the new system:
1. Popular ratifications. 2. Power of regulating trade, &c. Neg
ative in all cases on the local Legislatures. 3. Change in the prin
ciple of representation, <fcc. 4. Distribution of Federal powers 285, 286
To Col. James Madison. New York, April 1 - 286
The approaching Convention. Appointments made and expected.
Connecticut and Maryland. Motive of the refusal of Rhode Island.
Uncertain issue of the Convention - 286, 287
To Gen. Washington. N. York, April 16 - - 287
Washington's views of necessary Reform. Temporising and radical
measures compared. Individual independence of the States irrec-
oncileable with their aggregate sovereignty. Consolidation into a
single Republic inexpedient and unattainable. Middle course.
Change in principle of representation 287, 288
Authority of the National Government to be positive and complete in
all cases requiring uniformity. A negative in all cases on the Le
gislative acts of the States, as heretofore exercised by the King's
CONTENTS OF VOL. I.
PAGE.
1787.— Continued.
prerogative. Advantages of this principle. National supremacy
to be extended to the Judiciary. Oaths of the Judges. Admiralty
jurisdiction - 288, 289
Executive Departments. Militia. Two branches of the Legislative
Department. How, and for how long, to be chosen. Functions of
the smaller body. Council of Revision. National Executive. Opin
ion as to its constitution and powers yet unformed. Right of co
ercion should be expressly declared. Necessity of operating by force
on the collective will of a State to be avoided* Negative on the
laws may answer this purpose. Or some defined objects of taxation
might be submitted, along with commerce, to the general authority.
Ratifications to be obtained from the People, and not merely from
the ordinary authority of the Legislatures - - 290
Address to States on the Treaty of peace. Thinness of Congress.
Public accounts and lands. Arrangements with Spain - 290, 291
Differences as to place for the reassembling of Congress. Philadel
phia. N. York. Permanent seat for the National Government.
Discontents in Massachusetts. Electioneering. Paper money. Ver
mont - 291, 292
NOTES OF ANTIENT AND MODERN CONFEDERACIES, PRERARATORT TO THE FEDE
RAL CONVENTION OF 1787 - 293—315
Lycian Confederacy. Extracts from Ubbo Emmius - 293, 294
Amphictyonic Confederacy. Seat. Federal authority. Vices of the
Constitution - - 294, 295, 296
Achcean Confederacy. Federal Authority. Extracts from Ubbo Em
mius, Vices of the Constitution - -296,297,298
Helvetic Confederacy. Federal Authority. Vices of the Constitu
tion - 298, 299, 300, 301, 302
Belgic Confederacy. Federal Authority. States General. Powers, &c.
Reservations to the provinces. Restrictions on the provinces. Coun
cil of State. Chamber of Accounts. College of Admiralty. The
Stadtholder. His powers. Vices of the Constitution
302, 303, 304, 305, 306, 307, 308, 309
Germanic Confederacy. The Diet. The Emperor. Federal Authority.
The Ban of the Empire. The Circles. Imperial chamber. Aulic
Council. Restrictions on the members of the Empire. Prerogatives
of the Emperor. Vices of the Constitution - 309, 310, 311, 312, 314, 315
To James Monroe. N. York, April 19 - 315
Domestic. The Mississippi. Motion to remove to Philadelphia, &c.
Objections, &c. 315, 316
To Edmund Pendleton. New York, April 22 - 316
The malcontents in Massachusetts. Their electioneering projects.
Governor Bowdoin displaced. Hancock's merits tainted by obse
quiousness to popular follies. Prospect of a full Convention. No
appointments yet from Connecticut, Maryland, and Rhode Island.
CONTENTS OF VOL. I.
PAGE.
1787.— Continued.
Doubtful issue of the crisis. Causes of apprehension - 317
Congress. The Treaty of peace. Deliberations concerning the West
ern lands, and criminal and civil administration for the Western
settlements. Affair with Spain. Danger of a paper emission in Vir
ginia. Henry - - 318
To Thomas Jefferson. April 23 - - 319
Insurrection in Massachusetts. County elections in Virginia. Paper
Money. Henry. Mason. Monroe. Marshall. Ludwell Lee. Har
rison - - 319
NOTES ON THE CONFEDERACY. Vices of the political system of the U.
States - - 319—328
I. Failure of the States to comply with the Constitutional requisitions.
2. Encroachments by the States on the federal authority. 3. Viola
tions of the law of nations and of treaties - - 320
4. Trespasses of the States on the rights of each other. 5. Want of
concert in matters where common interest requires it - 321
C. Want of Guaranty to the States of their Constitutions and laws
against internal violence. 7. Want of sanction to the laws, and of
coercion in the Government of the Confederacy - - 322
8. Want of ratification by the people of the articles of Confederation 323
9. Multiplicity of laws in the several States. 10. Mutability of the
laws of the States - 324
II. Injustice of the laws of the States - - 325
To Thomas Jefferson. Philadelphia, May 15 - 328
Day for meeting of Convention. Thin attendance. Arrival of Gen.
Washington, amid the acclamations of the People, &c. - - 328
To Edmund Pendleton. Philadelphia, May 27 - - 328
Delay in making up quorum of seven States. Gen. Washington unan
imously called to the chair. Major Jackson, Secretary. Committee
for preparing rules appointed 328, 329
To Col. James Madison. Philadelphia, May 27 - - 329
Proceedings of the Convention. Conduct of some State Governments.
Iron. Tobacco. Event of the election 329,330
To Thomas Jefferson. Philadelphia, June 6 - 330
Proceedings of the Convention. Names of members present. States
which have not yet sent deputies. Proceedings thus far secret.
Gen. Washington 330, 331
John Adams's Defence of the American Constitutions. Appetite in
Virginia for paper money. Patrick Henry's opinions on this and
other subjects. Jefferson's nephews. Mazzei - 331, 332, 333
To Thomas Jefferson. Philadelphia, July 18 - 333
Takes notes of proceedings. Evils of paper money. Crops - 333, 334, 335
To Col. James Madison. Philadelphia, July 28 - - 335
Affairs in Holland. Proceedings of Congress. Ordinance for the
Government of the Western country - - 335
xxviii CONTENTS OF VOL. I.
•
PAGE.
1787.— Continued.
Indian affairs. Brandt. Crops - - 336
To James Madison, Sen. Philadelphia, Sept. 4 - 336
Proceedings of Convention still secret - - 336
Rumors of a spirit of insurrection in some counties of Virginia.
Crops - 336, 337
To Thomas Jefferson. Philadelphia, Sep. 6 - 337
Diligence of the Convention. Probable plan of Government. Public
land - 337, 338
Discontents in some counties of Virginia. Wythe, &c., &c., &c. Maz-
zei 339, 340
To Edmund Pendleton. Philadelphia, Sept. 20 - - 340
Sends copy of proposed Constitution for the United States. Difficul
ties - - 340
To James Madison, Sen. New York, Sept. 30 341
Unanimous vote of Congress forwarding to the States the act of the
Convention. Its reception in Philadelphia, New York, Boston, &c. 341
To Gen. Washington. New York, Oct. 14 - - 342
Pinckney's pamphlet, &c. Opinions concerning the Constitution. Ar
rangements of Congress for the Western Country. J. Adams. Jef
ferson - 342, 343
To Thomas Jefferson. New York, Oct. 24 - - 343
The new Constitution - - 343
Wish of the Convention to preserve the Union of the States. No sug
gestion made for a partition of the Empire into two or more Con
federacies. The ground-work of the Constitution was that it should
operate, without the intervention of the States, on the individuals
composing the States. Great objects of the Constitution - - 344
The Executive branch. Tenure of office. Powers - 345,346
The Senate " the great anchor of the Government." Different propo
sitions for its appointment and duration - - 346
Partition of power between the General and local Governments. A
negative on the laws of the States rejected by a bare majority. Rea
sons for such a check. Historical examples - 346, 347, 348, 349
A Republican form of Government, in order to effect its purposes,
must operate within an extensive sphere - - 350
Reasons for this opinion - 351, 352, 353
Adjustment of different interests of different parts of the continent.
South Carolina and Georgia. Equality in the Senate. Virginia dele
gates to the Convention. Delegates refusing to be parties to the
act. Gerry, Randolph, Mason - 354
Conjectures as to the final reception of the proposed system by the
people at large - 355
Opinions in particular States - 355, 356
Opinions of prominent citizens of Virginia. Danger of Indian war in
Georgia - - - - - - - 356, 357
CONTENTS OF VOL. I. xxix
PAOE.
1787.— Continued.
To Edmund Pendleton. New York, Oct. 28 - 358
Test oaths. Reception of the Constitution by the Virginia Assembly 358
The disposition of other States towards it - 359
To Gen. Washington. New York, Nov. 18 - - 360
Disposition in Virginia towards the Constitution ... 360
The Federalist. Congress 360, 361
To Gen. Washington. New York, Nov. 20 - - 361
The Federalist. No quorum in Congress 361, 362
To Gen. Washington. New York, Dec. 7 - - 362
The Federalist. Prospects of the Constitution - 362
To Thomas Jefferson. New York, Dec. 9 - - 362
American trees, birds, &c., &c. - 363
Prospects of the Constitution in particular States - - 363 — 367
Three parties in relation to it in Virginia - 364
Views of prominent individuals. Henry. Opinions in Virginia and
New England classified - 365
Virginia Assembly. Prohibitions. Revised Code. Henry. Mason.
No quorum in Congress 366. 367
To Gen. Washington. New York, Dec. 14 - - 367
Papers in favor of the Federal Constitution. Virginia Assembly 367, 368
To Gen. Washington. New York, Dec. 26 - - 368
Expected Convention in Massachusetts. Gerry. Dana. Omission in
Mason's published objections to the Constitution. New Jersey
adopts the Constitution - 368
1788.— [P. 369—446.]
To Gen. Washington. New York, Jan. 14 - ... 359
Information received, &c. Federal complexion of accounts from
Georgia, &c. - . 359
To Gen. Washington. New York, Jan. 20 - - 369
Arrival of Count de Moustier. News from Europe - 369
Opposition to the Constitution in Massachusetts. Views of the minor
ity in Pennsylvania. Georgia. South Carolina - . 379
To Gen. Washington. New York, Jan. 25 - - 379
Governor Randolph's letter to the Virginia Assembly - - 370
Information from Boston. Gerry. A Congress of seven States made
ui> 371, 372
To Gen. Washington. New York, Jan. 28 - - 372
Convention in Massachusetts. Information from King. Gerry - 372
To Gen. Washington. Feb. 1 - 373
Information from King. Gloomy prospect in Massachusetts - - 373
Encouraging in South Carolina - - 374
To Gen. Washington. New York, Feb. 8 - - 374
Prospect brightening in Massachusetts. Hancock. North and South
Carolina. New York - 374, 375
CONTENTS OF VOL. I.
PAOE.
1788. — Continued.
To G»JH Washington. New York, Feb. 11 - - 375
Hancock's propositions to the Massachusetts Convention. S. Adams.
Decision expected in the Virginia Convention 375, 376
To Gen. Washington. New York, Feb. 15 - - 376
Result of Convention at Boston. Amendments. New Hampshire - 376
To Thomas Jefferson. New York, Feb. 19 - - 376
States which have adopted the Federal Constitution. Votes. Views,
&c., of the minority in Massaehusetts. Conduct of the minority in
Connecticut and in Pennsylvania - 376. 377
Conjectures as to the course of New Hampshire, South Carolina, Mary
land. North Carolina, and Virginia. Henry and Mason. The As
sembly of. Virginia. The District Court bill. British debts - 378, 379
To Gen. Washington. New York, Feb. 20 - - 379
A candidate for the Convention - 379
Notice of Gen. Washington's letter to Col. Carter. French affairs - 380
To Edmund Pendleton. New York, Feb. 21 381
Politics of Virginia. The question of Union, the test of the proposed
Constitution. Different objections of non-signing members, writers,
and minorities. Objections classified - 381
Expectations as to New Hampshire, Rhode Island, New York, and
Charleston, S. C. Lowndes. Indications of an approaching Rev
olution in France. The Dutch patriots - 382
To Edmund Pendleton. New York, March 3 - 382
Unexpected result in New Hampshire. Prospects - - 382
To Gen. Washington. New York, March 3 - - 383
The course of the Convention in New Hampshire. Explanation and
prospects 383
To Gen. Washington. Orange, April 10 - 384
Conjectures as to the probable fate of the Constitution in the Virginia
Convention - - 384
Personal efforts in its favor - 38^, 385
To Edmund Randolph. Orange, April 10 - - 385
Amendments of Masssachusetts. Samuel Adams. Obligations, under
the new Constitution, as to the old money - - 385
Claim of the Indiana Company. Retrospective laws and retrospective
construction. Religious test. Recommendatory alterations pre
ferred to a conditional ratification or a second Convention - 386
Henry. Mason - - 387
To Thomas Jefferson. Orange, April 22 - 387
Elections for the Convention. Probable dispositions of members.
Opinions of notable individuals. Governor Randolph's temperate
opposition. R. H. Lee, F. L. Lee, J. and M. Page - - 3S7
Different grounds of opposition. Henry. Mason. Preliminary ques
tion. Objections to a conditional ratification and to a new Conven
tion. Difficulty in ascertaining the real sense of the People of Vir-
CONTENTS OF VOL. I.
PAGE.
1788.— Continued.
ginia. Geographical view. Weather, crops, &c. - 388, 389
ADDITIONAL MEMORANDUM FOR THE CONVENTION OF VIRGINIA IN 1788, ON THE
FEDERAL CONSTITUTION - - 389 — 398
Examples showing defect of mere Confederacies ... 339
Union between England and Scotland - - 389 — 392
Sweden. Denmark - 391
France. Spain. Poland - 392
Rival communities not united by one Government. Historical ex
amples - 392, 393
Sparta. People. Carthage - - 394
Rome. Power of Consuls. Tribunes - 395, 396
Roman Empire. Modern Europe - 397, 398
To Gen. Washington. Richmond, June 4 - - 398
Meeting of Virginia Convention. Prospects. Randolph. Henry. Ma
son. Kentucky - - - - - 398
To Gen. Washington. Richmond, June 13 - - 399
Result doubtful. British debts. Indiana claim. The Mississippi.
Kentucky. Oswald, an anti-federal messenger. Henry. Mason.
New York elections - - 399
To Gen. Washington. Richmond, June 18 - - 400
Probable smallness of majority on either side. Moderation. Henry 400
To Col. James Madison. June 20 - - 400
Conjectured majority of friends of the Constitution. Contest concern
ing the Judiciary Department - 400
To Gen. Washington. Richmond, June 23 - - 401
Approaching close of proceedings on the Constitution. Temper of
the opposition. Mason. Henry. A bare majority expected - 401
To Gen. Washington. Richmond, June 25 - - - 401
Vote on ratification. Temper of opposition, &c. - 401, 402
To Gen. Washington. Richmond, June 27 - - 402
Final Adjournment of Convention. Amendments. Address of minor
ity. Henry's declaration. Probable plan of minority - - 402
To Gen. Washington. New York, July 21 - - 403
Movements in New York concerning the Constitution. Views as to
putting the new Government into operation. Anti-Federal temper
of the Executive in Maryland - 403, 404
To Thomas Jefferson. New York, July 24 - ... 4.94
Virginia Convention. Final question on the new Government two
fold. Votes. Moderation and decorum of members - - 404
British debtors. Henry and Mason. Attempt to bring the influence
of Jefferson's name against the Constitution. Action, &c., in New
Hampshire. South Carolina and New York. Crops 405,406
To Col. James Madison. New York, July 27 ... 406
Ratification, by New York, of the Federal Constitution - - 406
To Thomas Jefferson. New York, August 10 407
CONTENTS OF VOL. I.
PAGE.
1788. — Continued.
Brissot. Remarkable form of the New York ratification of the new
Government. Address concerning amendments. Danger from
another Convention. Convention of North Carolina. Action in
Congress for bringing the new Government into operation. Time
for first meeting agreed on. Uncertainty as to place. Different
propositions. The " Federalist." Its authors. Mazzei - 407, 408
To Gen. Washington. New York, Aug. 15 - - 409
Place of meeting of Congress. Different places proposed - - 409
Pestilent tendency of a circular from the New York Convention.
Speculations - - 410
To Thomas Jefferson. New York, Aug. 23 - - 410
Rejection by North Carolina of the Constitution, or annexment of con
ditions precedent. Causes and probable effects of this step. Diffi
culties in fixing a place for the first meeting of Congress. Western
country. Spanish intrigues. The " Federalist " - - 411
To Gen. Washington. New York, Aug. 24 - - 412
New York circular. Inauspicious tendencies of the New York ratifi
cation. Local zeal for the selection of New York city, as the place
for the first meeting of Congress. Uncertainty of issue on this point.
Objections to the selection of New York city 412, 413
Views as to a final residence - 414, 415
To Col. James Madison. New York, Sept. 6 - 415
Exertions of Anti-Federalists for an early Convention. Encourage
ments. Place of meeting for the new Government - - 415
To Gen. Washington. New York, Sept. 14 - - 416
Time and place fixed for the meeting of the new Government. Views
as to its permanent seat. Clinton's Circular. Language of the
Aboriginal Americans 416, 417
To Thomas Jefferson. New York, Sept. 21 - - 417
The Western Country. The Mississippi. Circular from New York
Convention. Project of another General Convention. Consulta
tions in Pennsylvania. Henry. Randolph - 417, 418
Arrangements for bringing the new Government into action. Dispute
concerning place of meeting. Places proposed. Chance of the Po
tomac. Pamphlet on the Mohegan language 418, 419
Question of " outfit" - 419,420
To Thomas Jefferson. New York, Oct. 8 - - 420
Rumors concerning La Fayette. Appointments of R. Morris and Mc-
Clay to the Senate. Election laws of Pennsylvania, Virginia, and
Connecticut. Gen. Washington will certainly be called to the Pres
idency. Hancock and J. Adams most talked of for the Vice Presi
dency. Jay. Knox. Reported capture of Doctor and Mm.
Spence - 420, 421
To Thomas Jefferson. New York. Oct. 17 - - - 421
The " outfit." Want of quorum in Congress. Arrangements for put-
CONTENTS OF VOL. I. XXxiii
PAGE.
1788.— Continued.
ting the new Constitution into action. The Presidency and Vice
Presidency. Rutledge - 422
Hancock and J. Adams both objectionable. S. Adams. Collective
view of alterations proposed by State Conventions for the new Con
stitution. Motives in Virginia - 423
Bill of rights desirable but not important, and why. Violations of
the bill of rights in Virginia. Where is the danger of oppression.
In our Government, in the majority of the community. Republics
and monarchies compared as to danger of oppression, and efficacy
of a bill of rights 424, 425
Use of a bill of rights in popular Governments. Limitation to the
doctrine that there is a tendency in all Governments to an augmen
tation of power at the expense of liberty - - 426
Question as to absolute restrictions in a Bill of Rights, in cases which
are doubtful, or where emergencies may overrule them. Suspen
sion of Habeas Corpus, in the alarm of a Rebellion or insurrection.
Standing army. Monopolies. Nuisances. Exceptions and guards.
Proceedings in Kentucky - - 427
To Edmund Pendleton. New York, Oct. 20 - 428
Resolutions concerning the Mississippi. The temporary seat of the
new Government. Impartiality in administration vital to repub
lics. Circular from New York Convention. Evils of an early Con
vention - - 428
Probability of more war in Europe. France. Struggle between the
' Aristocracy and the Monarchy. Late measures of the Court tending
to the popular side. La Fayette on the Anti-Court side - - 429
To Gen. Washington. New York, Oct. 21 - - 429
French affairs. La Fayette. Count Moustier and Marchioness Bre-
han - - 429
Johnson and Ellsworth, Senators from Connecticut. Opinions on the
selection of New York as the temporary seat of the new Govern
ment. Henry - - 430
QUESTIONS FROM, AND ANSWERS TO, THE COUNT DE MOUSTIER, MINISTER PLEN
IPOTENTIARY OP FRANCE, OCT. 30, 1788 - 430 — 433
Contract with R. Morris - - 430
Supply of clothing for negroes. Products of Virginia. Trade with
France and the Antilles, &c. - 431, 432
Products of France and the islands. Tonnage, &c., &c. 432, 433
To George L. Turberville. New York, Nov. 2 - 433
Another General Convention suggested by New York - 433
Some amendments to the Constitution ought to be made - 434
Objections to the project of another General Convention. Importance
of the new Constitution 434, 435
To Gen. Washington. New York, Nov. 5 - - 436
St. John's memorandum. Col. H. Lee's proposal. A land specula-
CONTENTS OF VOL. I.
PAGE.
1788.— Continued.
tion - - 436
Prospects of the Constitution. Public conversation on the Vice Pres
idency. Hancock. J. Adams. Jay. Knox - 437
To Edmund Randolph. Philadelphia, Nov. 23 - - 438
Vote for the Senate. Probable opposition for the other House. Em
barrassment - - 438
Objection to appearance of electioneering - - 439
To Gen. Washington. Philadelphia, Dec. 2 - - 439
Thanks for information and opinion. State of election in Massachu
setts for the Senate. Bowdoin. Elections in New Hampshire, New
Jersey, Delaware, Pennsylvania. Postponement in South Caro
lina - 439, 440
Reasons for a return to New York. Appearance of electioneering.
Indisposition - - 440, 441
To Thomas Jefferson. Philadelphia, Dec. 8 - 441
Certainty of a peaceable commencement of the new Government in
March next, and favorable prospects. Gen. Washington will cer
tainly be President, and J. Adams probably Vice President. Henry.
Anti-Federal and Federal Senators. Proportion of Anti-Federal
members in H. of Representatives. Two questions before the pub
lic. Amendments to the Constitution, and mode of making them - 441
Motives of advocates of a second Convention. G. Morris's visit to
Europe. R. Morris. Private transactions. A Candidate for H. of
Representatives. Henry's opposition to him. Appearance of elec
tioneering - - 442
To Philip Mazzei. Philadelphia, Dec. 10 - - 444
His book. Plan of a single legislature. Excess of liberty - - 444
The new Constitution ratified by all the States except two. Appoint
ments of Senators. Prospect as to elections for H. of Represent
atives. Object of the Anti-Federalists 444, 445
To Thomas Jefferson. Philadelphia, Dec. 12 - 446
Returns from the Western Counties of Virginia. Political prospects.
St. Trise - 446
1789.— [P. 446—500.]
To George Eve. Jan. 2 - 446
Misrepresentations of opinions - - 447
Amendments ought to be proposed by the first Congress. Why this
mode is preferable to a general Convention - - 448
To Gen. Washington. Orange, Jan. 14 - - 448
Returns from two electoral Districts in Virginia. Gen. Stevens elected
in one of them - - 449
Personal contradiction of erroneous reports ... 44.9 ; 450
To Edmund Randolph. Alexandria, March 1 - 450
Necessity of personal appearance in the District. Discouraging an-
CONTENTS OP VOL. I. XXXV
PAGE.
1789.— Continued.
ticipations - ... 450
To Gen. "Washington. Baltimore, March 5 - 451
Electoral votes of Georgia. Candidates for H. of Representatives - 451
Vote in South Carolina for President and Vice President - - 452
To Gen. Washington. Philadelphia, March 8 - 452
Arrival at Philadelphia, and intelligence from N. York - - 452
Policy as to the Western Country 452, 453
To Gen. Washington. New York, March 19 - 453
No quorum in either House of Congress. Calculations as to strength
of parties - - 453
Singular manner of election in N. Jersey. French affairs - '453, 454
To Gen. Washington. New York, March 26 - 454
Morgan's Invitation. Spanish project. No Quorum - - 454, 455, 456
To Thomas Jefferson. New York, March 29 - 457
Virginia Electors for President and Vice President. Unanimous vote
with respect to Gen. Washington. Secondary votes for J. Adams
and G. Clinton. Election of Representatives. No quorum in Con
gress - 457, 458
Political complexion of the New Congress. Jefferson's wish to return
home for the summer - - 459
Morgan's invitation. Policy of Spain. Dispute between the two
branches of the New York legislature - 461
To Gen. Washington. New York. April 6 - - 461
Arrival of R. H. Lee. A quorum formed. Election of officers of H.
' of R. - 461
To Edmund Pendleton. New York, April 8 - 461
Examination of ballots for President and Vice President. Unanimous
vote for Gen. Washington as President. J. Adams elected Vice
President. Notices to them. Officers. Rules agreed on. Federal
ists predominate in both branches. Disability of George 3rd, and
Regency. Discussion between the Prince of Wales and Pitt - 462
To Edmund Randolph. New York, April 12 - 463
New Government not yet organized in its Executive capacity. Im
posts. Amendments to the Constitution - - 463
Sherman's opinions. British debts. Taxes - - 464
To Edmund Pendleton. New York, April 19 - 464
Non-arrival of President and Vice President. Impost. Mental condi
tion of George 3d. Contingent perplexity - 464, 465
To Thomas Jefferson. New York, May 9 - - 465
Books wanted, &c. Congressional Register. Its faults. Duties. Dis
cordant views, &c. - 465, 466
Distinction between nations in and not in Treaty. New York city
steeped in Anglicism. Cypher. President's Speech; address of H.
R.; reply. Titles - - 467
To Edmund Randolph. New York, May 10 .... 457
XXXvi CONTENTS OF VOL. I.
PAGE.
1789. — Continued.
Imposts. Plan of temporary collection. Unanimous opinion that Gen.
Washington's acceptance of the Presidency was essential to ihe
commencement of the Government. Speech and answer. Titles.
Their friends in the Senate. R. H. Lee 468, 469
To James Monroe. New York, May 13 - 469
Ratio of particular duties. Excises - - 469
To Edmund Pendleton. New York, May 17 - 470
Bill for rating duties. Proposition as to Great Britain - 470
To Thomas Jeiferson. New York, May 23 - - 470
President's Speech, and answers of the two Houses. Titles. J. Adams
and R. H. Lee. Proposed title of the President. Moustier. Mar
chioness de Brehan. Collection bill - 470, 471
To Thomas Jefferson. New York, May 27 - - 471
Obstacles to Jefferson's desired visit to America. Auxiliary offices to
the President. Knox. Jay. Livingston. Hamilton. Jefferson.
Abolishing discriminations in favor of nations in Treaty. R. H. Lee
on titles, discriminations, and the "Western Country. Madame Bre
han. Moustier. Amendments. Bill of rights. Kentucky- 471,472
Temper of Congress. Spirit of the H. of R. - 473
To Edmund Randolph. New York, May 31 - 473
Mrs. Randolph's health. R. H. Lee. Duties. Idea of putting G.
Britain on the footing of a most favored nation. Difficulties from
want of precedents, &c. Arrangement of subordinate Executive
Departments - - 474
Reasons for a power of removal in the President - 475
To Thomas Jefferson. N. York, June 13 - - 475
Introduction of constitutional amendments into H. of R. 475, 476
To Edmund Randolph. N. Y., June 17 - 476
Judiciary bill. Question as to power of removal in the President.
Reasons for it. The Executive function of the Senate excep
tional - 476, 477
To Edmund Pendleton. New York, June 21 - 477
Removals from office. Objections to action of the Legislature. De
cision against it. As to possible encroachments of the respective
branches of the Government. Amendments to the Constitution
477, 478, 479
To Edmund Randolph. New York, June 24 - 479
Erroneous reports of discussions on removals from office. Leave to
Jefferson to visit his own country. Alarming illness and convales
cence of the President - 479
To Thomas Jefferson. New York, June 30 - - 479
Leave to visit America. Tardy progress of Federal business. Bill
for regulating duties. Discrimination in favor of nations in Treaty.
Reasons against and for it. Great Britain. Tonnage bill. Sena
tors from Virginia. Mistake as to Grayson - 479, 480, 481, 482, 483
CONTENTS OF VOL. I. XXXvil
PAGE.
1789.— Continued.
Impost. War. Foreign, and Treasury Departments. Question as to
removals from office. Constitution silent. Four opinions advanced.
Discussion. Decision of H. of R. Jay and Knox. Treasury De
partment. Hamilton - 483, 484
Senate Bill for Judiciary Department. Amendments to Constitution.
Recent illness of the President - 485
To Col. James Madison. New York, July 5 - 485
Domestic. Novelty and difficulties of public business. Duties on im
ports and tonnage. No distinction to be made between nations in
and those not in Treaty. Commercial intercourse with Great Brit
ain. Amendments to the Constitution 485, 486
To Edmund Pendleton. New York, July 15 - 487
Pendleton's remarks on the Judiciary bill. Decision of H. of R. on
the power of removal. Why the Senate should not participate in
it. The least responsible member of the Government. The Ju
diciary. Duties. Collection bill. Regulations for Virginia - 487
To Edmund Randolph. New York, July 15 - 488
Judiciary bill. Power of removal. Opinions. Impost Act. Collec
tion bill. Virginia - 488, 489
To James Monroe. New York, August 9 - 489
Proposed discrimination between Foreign nations. Gerry's motion.
Compensation to members of Congress - 489
Indian affairs. Militia Bills - - 490
To Edmund Randolph. New York, August 21 - 490
Amendments to the Constitution. Judiciary bill. Randolph's dis
course in the Convention. Wishes him to deduce from his notes
the argument on a condensed plan - 490, 491
To Edmund Pendleton. New York, Sept. 14 - 491
The Judiciary bill defective. Its offensive violations of Southern
jurisprudence. Amendments from the Senate. Permanent seat of
the Federal Government. Parties on the subject - 491, 492
To Edmund Pendleton. New York, Sept. 23 - 492
Amendments to the Judiciary bill. Bill for establishing the Susque-
hannah as the permanent seat of Government. Views and schemes.
French affairs - - 493
The King. Neckar. Fayette. Committees of safety on the Ameri
can model - 494
To George Washington. Orange, Nov. 20 - - 494
Spanish movements. Morris on the residence of Congress. Probable
schemes, &c. Virginia Legislature. Henry, and the project of the
commutable. Amendments to the Federal Constitution. Quiet of
its opponents - 495, 496
To George Washington. Orange, Dec. 5 - 496
Letters of Senators of Virginia, written by R. H. Lee. Proceedings
of the Legislature. Amendments to the Federal Constitution. Ap-
J
CONTENTS OF VOL. I.
1789.— Continued.
pointments of Joseph Jones and Spencer Roane as Judges of the
General Court. Death of Carey, and transfer of Mercer to Court of
Appeals 497, 498
Letter from Senators R. H. Lee and Wm. Grayson to the Legislature of
Virginia - 499,500
1790.— [P. 500—522.1
To George Washington. Georgetown, Jan. 4 - 500
Amendments to the Federal Constitution lost in the Virginia Assem
bly. Jefferson's doubts about accepting the appointment of Secre
tary of State. His fitness for it 500, 501
To Thomas Jefferson. New York, Jan. 24 - - 501
Hamilton's plan of Revenue. Knox's plan of militia. Universal anx
iety for Jefferson's acceptance of the appointment of Secretary of
State. French politics and prices - 501, 502
To Thomas Jefferson. New York, February 4 - 503
Examination of Jefferson's position that one generation of men has
no right to bind another. Objections to the doctrine 503, 504. 505, 506
To Thomas Jefferson. New York, Feb. 14 - - 507
Hamilton's report. Proposed reduction of the transferred principal
of the domestic debt. An equitable rule would be to allow the
highest market price to the purchaser, and to apply the balance to
the original sufferer. Difficulty of the plan not insuperable. Bill
for taking a census. Utility of a decennial repetition of it. Con-
temp tously thrown out by the Senate - 507
To Edmund Pendleton. New York, March 4 - 507
Census act. Report of Secretary of Treasury. Plan for settling do
mestic debt. Equitable view. Proposed assumption of the State
debts. Effort to refer the assumption to the State of the debts at the
close of the war. Unequal bearing of an assumption of the exist
ing debts in Virginia and Massachusetts. Case of South Carolina.
France. The Austrian Netherlands. Spain. Influence of the Amer
ican example - 508, 509
To Dr. Rush. New York, March 7 - - 509
The Doctor's opinion on the proposition to divide the payment of the
domestic debt between the original and purchasing holders of cer
tificates. Something " radically immoral, and consequently im
politic," in making the whole payment to the purchasers. A pam
phlet by Dr. Rush - 510, 511
To Thomas Jefferson. New York, March 8 - 511
Objections to the proposed plan for assuming the State Debts - 511
To Edmund Randolph. New York, March 14 - 511
A decision by a large majority not coinciding with the supposed pre
vailing sense of the People. [Qu.?] Assumption of State debts.
Course of the Virginia delegation. Bland. Debts of the Union.
CONTENTS OF VOL. I. XXXIX
PAGE.
1790.— Continued.
Proposed National Debt 511,512
To Edmund Randolph. New York, March 21 512
Domestic. Language of Richmond as to the proposed discrimination.
Personal animosity. Debates occasioned by the Quakers. State
debts. Paper money in Georgia, the Carolinas, &c., to Rhode Island.
French affairs - 512, 513
To Edmund Randolph. New York, March 30 - 513
Disappointment in seeing the President. Resolutions on the Treasury
report. Assumption of State Debts. Prospects - 513, 514
To Edmund Pendleton. New York, April 4 - 514
Assumption of State debts. Bland. Historical magnitude of the
American Revolution. Importance of the proceedings in Virginia
during the crisis of the Stamp Act. Application to Randolph for
brief notes of them - 514,515
To Gen. Henry Lee. New York, April 13 - - 515
Public prospects. Seat of Government. Reception in Virginia of the
plan of discrimination. The rural districts there not in unison with
the cities - - - 515
Faults, and the apology for them, of the Report of the Secretary of
the Treasury. Proposed assumption of State debts. Contradictory
decision. Last vote. Zeal and perseverance of the minority. Lee's
reflections on a public debt. A public debt a public curse, especially
in a republic - - . 516
To Edmund Pendleton. New York, April 13 - 517
Negative of the proposed assumption of State debts. The project not
abandoned - - 517
To James Monroe. New York, April 17 - 517
Same subject. Prophetic menaces of the Eastern members - - 517
To Edmund Pendleton. New York, May 2 - - 518
Pendleton's notes, &c., on the subject of the Stamp Act. New experi
ments of the advocates of assumption - 518
To Edmund Pendleton. New York, May 19 - 518
Recent critical illness of the President. Commercial relation to Great
Britain. Funding of the public debt. Assumption of State debts.
Motives of its advocates 518, 519
To James Monroe. New York, June 1 - 519
Assumption revived. Funding bill. Experiment for navigation and
commercial purposes. Opinions, projects, &c., as to temporary and
permanent seat of Government. Death of Bland. President's re
covery. Jefferson - 519, 520
To James Monroe. New York, June 17 - - 520
Question concerning the seat of Government, temporary and perma
nent. Baltimore. Assumption. Funding bill - - 520
To Edmund Pendleton. New York. June 22 - 620
Pressure of business. Funding and revenue systems. Assumption of
xl CONTENTS OF VOL. I.
PAGE.
1790.— Continued.
State debts. Seat of Government. Great Britain itching for
wur - - 520,521
To James Monroe. New York, July 4 - 521
Senate bill fixing the temporary and the permanent seat of Govern
ment. Public debt. Assumption - - 621, 522
To James Monroe. New York, July 24 - - 522
Prospects of the Assumption. Spirit of accommodation necessary - 522
1791.— [P. 523—545.]
To Edmund Pendleton. New York, January 2 523
Legal character of the stipulation in the Treaty concerning the recov
ery of debts. Construction of the Legislation on the Treaty. Bear
ing of the Treaty on acts of limitation. Rule of interpretation should
be liberal 523, 524
Meaning of the phrase " Supreme Law," as applied to Treaties. Au
thority to annul the Treaty. A breach on one side discharges the
other, if that other sees fit to take advantage of the breach. Prac
tical inference as to the treaty with G. Britain. Hamilton's plan
of a- Bank. Randolph's report on the Judiciary. Report concern
ing the assumed debt. Objections and difficulties. Militia bill.
Public Lands. Weights and measures. Case of Kentucky. Ver
mont - 524, 525
Letter from Lord Mayor of London to Duke of Leeds. Supposed peace
between G. Britain and Spain - 526
To James Madison. Phila., Jan. 23 - - 527
Peace between G. Britain and Spain. Excise bill. Kentucky bill.
Bills concerning a Bank, the militia, Western lands, &c. Webb's
petition. Statistical inquiries - 527
To Edmund Pendleton. Phila., Feb. 13 - - 528
Unconstitutionality of Bank bill. Excise. A direct tax offensive in
and out of Congress. Kentucky bill. Vermont. Public lands, mili
tia, and other bills - 528
To Edmund Pendleton. February 13 529
Price of wheat. Certificates. Webb's petition. Excise and Bank
bills. Kentucky admitted. Bill for selling the Western lands. An
earthquake. Weather 529, 530
SUBSTANCE OP A CONVERSATION HELD BY JAMES MADISON, JR., WITH COL. BECK-
WITH, AT THE DESIRE OF MR. JEFFERSON, SECRETARY OF STATE - 530 — 534
To Thomas Jefferson. New York, May 1 - - 534
Priestley's answer to Burke. Jefferson's idea of limiting the right to
bind posterity, germinating under Burke 's extravagance. Rumor
of the suppression in England of Paine's answer to Burke. Fraudu
lent practice of taking out administration on the effects of deceased
soldiers. Great amount of unclaimed dues to the U. S. Temptation
to the collusion of clerks, &c. Indecent conduct of partisans of the
CONTENTS OF VOL. I. xll
PAGE,
1791.— Continued*
Bank bilU King's opinions on British relations to U. S. Smith's
suggestion on information, &c., &c. - - 534, 535
To Thomas Jefferson. New York, May 12 - - 535
Jefferson brought into the frontispiece of Paine's pamphlet. J.
Adams's Defence, &c. His anti-republican discourses since he has
been Vice President. Ridiculous sensibility of Hammond and
Bond. Possible trip to Boston. Political prospects in Virginia 535, 536
To Thomas Jefferson. New York, June 23 - - 537
French regulations concerning tobacco. Publicola. Pamphlet on the
Bank - ... 537
To Thomas Jefferson. New York, June 27 - - 537
Col. Smith's conversations with the British ministry - - 537
J. Adams's difficulties. Attack on Paine, and obnoxious principles.
His letter to Wythe in 1776 - - 538
To Thomas Jefferson, New York, July 10 - - 533
Rise of Bank shares. Admission and inference. Bank jobbers. Polit
ical gambling - - 538
To Thomas Jefferson. New York, July 13 - - 539
Beckley's report of J. Adams's unpopularity. Publicola. J. Q.
Adams. J. Adams's method and style - 539
Bank shares. Alleged manoeuvres of Philadelphia to the prejudice of
New York, Boston, and Baltimore. Remark attributed to Pitt. G.
Morris. Luzerne. Beckwith. Paine 539, 540
To Thomas Jefferson. New York, August 4 - 540
Speculations in stock, &c., carried on with money borrowed at heavy
usury - - 540
To Thomas Jefferson. New York, August 8 - 541
Surmise as to the deferred debt. Difference between old paper under
a bad Government, and new paper under a good one. Moral and
political dangers from the Bank. The stock jobbers - 541
To Robert Pleasants. Phila., October 30 - - 542
Petition concerning the Militia bill. Personal objection to presenting
the petition concerning slavery. Probable effect of such an appli
cation to the Legislature of Virginia, on the existing privilege of
manumission - - 542, 543
To Gen. Henry Lee. Phila., Dec. 18 - 543
Freneau. The Western disaster - 543
To Edmund Pendleton. Phila., Dec. 18 - - 543
Discussion before the Federal Court at Richmond. Proceedings of
Congress. Disagreement of the two Houses on the Representation
bill. Fractions. Prospects as to the result - - 544
Hammond's reported disavowal of encouragement by the Government
of Canada to Indian hostilities, T. Pinckney to be Minister to Lon
don. French affairs. The King's acceptance of the Constitution.
Election of the Legislative Assembly - - - - 545
CONTENTS OF VOL. I.
PAGE.
1792.— [P. 545—574.]
To Edmund Pendleton. Phila., Jan. 21 - 545
The Representation bill. Proposed compensation for present inequality
of fractions. How relished - - 546
H. of Reps, occupied with shut doors on the subject of the Western
frontiers. Hamilton's report on manufactures. Its Constitutional
doctrine. Subversion of the fundamental and characteristic princi
ple of the Govt. The phrase, " General Welfare," copied from the
Articles of Confederation; and always understood as nothing more
than a general caption to the specified powers, and therefore pre
ferred in the Constitution as less liable to misconstruction - 546, 547
To Gen. Henry Lee. Jan. 29 - 547
Western defence. Justifying memorial of the Executive - - 547
To Gen. Henry Lee. February 12 - - 547
Military bill in the Senate. Suggested exchange of stations. Corn-
wallis and Tippoo 547, 548
To Edmund Pendleton. Phila., Feb. 21 - - 548
Report on manufactures. Bill concerning election of President and
Vice President. Question as to number of electors. Provision for
case of a double vacancy, certainly erroneous. Various objections
to it. Proposition in H. of R. to substitute the Secretary of State.
Another Representation bill - 548, 549
To Edmund Pendleton. Phila., March 25 - - 549
Perseverance and victory of the Northern members on the Represen
tation bill. Result unconstitutional. Treasury reports. Militia bill.
Mint. St. Domingo. Failure of a New York speculator. Extensive
ruin caused by it 549, 550
To Gen. Henry Lee. Phila., March 28 - - 551
Gen. St. Clair. Proposed inquiry into the cause of Western calamities.
Mint bill. Proposition of the Senate to stamp the head of the Pres
ident, for the time being, on one side of the coin - 551, 552
To Edmund Pendleton. Phila., April 9 - - 552
President negatives the Representation bill. Assumption of the re
mainder of the State debts. Western defence. Bankruptcies in
New York - - 552
To Gen. Henry Lee. Phila., April 15 - 553
Nominations for General officers. Wilkinson. Commander-in-Chief.
Anticipations, &c., as to a military appointment. Gen.
Lee's present station as Governor of Virginia. Augmented duties.
Speculating and Banking in New York. President's negative on
the Representation bill. The law providing for invalid pensioners
pronounced by the Judges to be unconstitutional. The power 553, 554
SUBSTANCE OP A CONVERSATION WITH THE PRESIDENT, MAY 5, 1792:
The subject of, the mode, and time for making known, the President's
intention of retiring from public life, on the expiration of his four
years - - 554—559
CONTENTS OF VOL. I.
PAGE
1792.— Continued.
May 9, 25. Farther conversation, &c., on the subject 559, 5GC
To Mr. Jefferson. Orange, June 12 - - 560
Answer to Hammond. Criticisms in the cabinet. Kentucky. Brown.
Campbell. Muter. Brackenridge. Greenup. The Excise. Effect
of Sidney, a writer in the Gazette. Tax on newspapers. Freneau 561
Drought. Crops. Meeting with the President on the road. Problem
as to his declining a re-election. Monroe. Mease's oration on Hy
drophobia. Tableau of national debts and polls - 562,563
To President Washington. Orange, June 21 - - - 563
Questions as to a notification of Washington's purpose to retire. Time,
mode, valedictory address; whether notification and address should
be separate acts, or blended together. Requests reconsideration of
the purpose to retire. Encloses draught of an address, following
the prescribed outline - 563, 564, 565
THE DRAUGHT above referred to - - 565 — 568
To Edmund Randolph. Orange, Sept. 13 - - 569
A publication in Fenno's paper. Jefferson. Freneau 's talents, mer
its, and sufferings in the Revolution. The application for his ap
pointment to his present Clerkship suggested by Gen. H. Lee. Ad
vice to establish a press in Phila. Motives. Calumnious charges.
Why they have not been publicly answered - 569. 570
To Edmund Pendleton. Phila., Nov. 16 - - 571
President's speech, and answers of the two Houses. Answer of H.
of R. as to the Excise. Criticisms. Anonymous pamphlet reflect
ing on Madison and other of Pendleton 's friends - 571
To Edmund Pendleton. Phila., Dec. 6 - - 572
French affairs. Formidable combination against the Revolution, &c.
Disposition of the nation. Newspaper tax. Election of Vice Pres
ident. J. Adams and Gov. Clinton. Political principles of Adams.
Harvest in Europe. Prices. Col. Taylor. Jefferson's probable re
tirement - 572, 573
To Edmund Pendleton. Phila., Dec. 10 - - 573
New Treasury Report. Query as to a tax on horses. Operation of it
in different places. Queries - - 573, 574
1Y93.— [P. 574—654.]
To Edmund Pendleton. Phila.. Feb. 23 - 57*
Talents, &c., of [John Taylor] successor to R. H. Lee. Approaching
election in Virginia for H. of R. Mr. C. Scrutiny into administra
tion of Treasury Dept. Giles's resolutions. British Ministry. Paine.
French affairs. Spain 574, 575
To Thomas Jefferson. Orange, April 12 - 57t>
Dunlap. Evil of premature denunciations. Public sentiment in Vir
ginia. Election for H. of R. The only discontinued representa
tive from Virginia in the last Congress. Member for the Alexan-
xljv CONTENTS OF VOL. I.
PAOE.
1793. — Continued.
dria district. G.'s vote on the resolutions of censure. J. Cole,
Hancock, Preston, Brackenridge, Greenup. Sympathy with fate of
Louis XVI. The man and the monarch. Prospect as to crops.
Weather. Ploughs - 576, 577
To Thomas Jefferson. Orange, May 8 - 578
Wish that Genet may be properly received. Impression as to effect
of the Treaty. The Proclamation. Quibbling on Vattel. Effect of
a change of Government on public engagements. Weather. Vege
tation. Pamphlet on the proceedings in the case of the Secretary
of the Treasury 578, 579
To Thomas Jefferson. May 27 - 579
Jefferson's longings for private life. Objections to their gratification.
Genet. Fiscal party in Alexandria. Georgetown. Fredericksburg.
The executive. Secret Anglomany - 579, 580
To Thomas Jefferson. Orange, June 13 - - 580
Letter to a French minister. Apostasy of Dumouriez - 580
Criticisms on the President's proclamation. Authority to declare the
disposition of the U. S. on a question of war or peace. Snares for
the President - 581, 582
Sentiment of Virginia concerning liberty and France. Heretical tone
of the towns. Weather. Crops. Kentucky coffee trees - 582, 583
To Thomas Jefferson. Orange, June 17 - - 583
French affairs. W. C. Nicholas. Sympathy of the People of Virginia
with the French Revolution. Jay's judicial opinion on a question
concerning British debts. Reflections 583, 584
To Thomas Jefferson. Orange. June 19 - 584
Anglified complexion charged on the Executive politics. The Proc
lamation an unfortunate error. Reflections - 584
To Thomas Jefferson. June 29 .... 585
The Proclamation. Seizure and search of American vessels for French
goods - - - 585
To Thomas Jefferson. July 18 ... 585
A subject recommended to the writer's attention. [Qu.: Pacificus?]
Pamphlet and ploughs. Genet's folly. De la Forest. Harvest
585, 586
To Thomas Jefferson. July 22 - 586
W. C. Nicholas. E. Randolph. Their sentiments on the French Rev
olution. Allowance to be made in conversations, &c. Suspicions
of Nicholas imputing to Hamilton a secret design against the Pres
ident. Printed papers. [Qu.: Pacificus?] Difficulties in the way of
discussing the subject. Controversial precautions - - 586, 587, 588
To Thomas Jefferson. July 30 - 588
Acknowledgment of papers, &c., received. Has forced himself into
the task of a reply [to Pacificus.] Vexations. "Prolixity and per
tinacity " of the antagonist. Question as to ideas of France and of
CONTENTS OF VOL. I.
PACK.
1793.— Continued.
the President on certain points ... 588, 589
The President's journey to Virginia. Errors as to public sentiment.
Ploughs. Dr. Logan. Crops. Weather - 589, 590
To Thomas Jefferson. August 5 - 590
Jefferson's distressing account of Genet's proceedings. His folly. Sus
picions. Last topic of Pacificus. His feeble defence of an import
ant point - - - - - - 590
To Thomas Jefferson. August 11 - - 591
Key to the cypher left wanting. Necessity of abridging the answer
to Pacificus. Particular delicacy of one topic. Pamphlet against
the fiscal system, by the reputed author of Franklin. Communica
tion to F., &c. - - 591
Paper for J. F. Requests critical examination, &c., &c., and erasure
of quotation from the Federalist, if deemed objectionable on the
ground of delicacy. Drought - - 592
To Thomas Jefferson. August 20 - - 593
Proposed visit to Monroe. Requests aid concerning the publication
of Helvidius. The last No. required particular care, but necessarily
hurried. More quotations from the Federalist, to be omitted if,
&c., &c. Paragraph concerning Spain. President's answers to ad
dresses. Drought - 593, 594
To Thomas Jefferson. At Col. Monroe's, Aug. 22 - - 594
Helvidius. Apology for an error of fact - 594
To Thomas Jefferson. August 27 - - 595
Certificate of Jay and King. Wythe at the head of certain proceed
ings at Richmond. His disgusts from the State legislature. Plan
for making political use of Genet's indiscretions. Counteraction.
Wish for Pendleton's support 595, 596
To Thomas Jefferson. September 2 - 596
Genet's unaccountable and distressing conduct. Use made of it. An
tidote to the poison. Encloses sketch of ideas for use at county
meetings. Conversation between the President and Jefferson. Anx
iety to retain J. in office. Reasons for his remaining. His contin
gent successor would probably be King or E. Rutledge. Monroe's
perplexity about Genet. Suggestion. Palliatives of Genet's con
duct in certain errors of our own Government 597, 598
W. C. Nicholas. E. Randolph drew the proclamation, and reprobates
the comment of Pacificus. Hamilton. The task to be resumed. Its
awkwardness. Visitors ... . 599
SKETCH OP IDEAS ON FRENCH RELATIONS, TO BE USED AT COUNTY MEETINGS 599 — 601
To James Monroe. September 15 - - 601
Mad conduct of Genet. Its effect on his own votaries in Philadel
phia; on Anglicans and Monocrats. War of G. Britain on Ameri
can commerce. Malignant fever in Philadelphia. Jefferson, and
a composition of John Taylor - - 601, 602
CONTENTS OF VOL. I.
PAGE.
1793.— Continued.
To George Washington. Orange, Oct. 24 - - 602
Questions as to the meeting of Congress, arising from the existence of
malignant fever at Philadelphia. Duty and constitutional power
of the Executive. Conclusion. Draught of notification - 602, 603. 604
To James Monroe. October 29 - 605
Resolutions proposed at Fredericksburg. Letter from Bordeaux.
Culpeper meeting. Fauquier resolutions. Davis's papers. Forward
corn, &c. 605. 606
HELVIDIUS, IN ANSWER TO PACIFICUS, [ALEXANDER HAMILTON,] ON PRESIDENT
WASHINGTON'S PROCLAMATION OF NEUTRALITY, APRIL 22, 1793 607 — 654
Answer to the argument that the powers of declaring war and treaties
are, in their nature, Executive powers 612 — 619, 621
In G. B. they are royal prerogatives - - 619
The Federalist, No. 75 - 620
Argument from the admissions that the right to declare war is vested
in the Legislature, and that it includes the right to judge whether
the U. S. be obliged to declare war or not - 622 — 62G
Neutrality defined - 627
Answer to the argument founded on the clause of the Constitution de
claring that the President " shall take care that the laws be faith
fully executed " 626—630
Asserted right and duty of the Executive to interpret certain treaty
stipulations - - 630
Inferences from the right of the Executive to receive public ministers
631, 632
Federalist, No. 69. The authority of the Executive does not extend to
a question whether an existing Government ought to be recognised
or not - - - 633
Right of every nation to abolish an old Government and establish a
new one - 633
Treaties formed by the Government are treaties of the Nation, unless
otherwise expressed in the treaties - - 634
Treaties not affected by a change of Government - - 634
No more right in the Executive to suspend. &c., a treaty on account
of a change of Government, than to suspend any other law - 634
Draught of a supposed Proclamation founded on the prerogative and
policy of suspending the Treaty with France 634, 635
Qualification of the suspending power. Answer 635 — 638
Public rights of two sorts. Supposed cases - 636, 637
Towering prerogative claimed for the Executive - - 639
Position of the Legislature 639, 640
Summary of the view taken in the preceding Nos. - 640
Tendency and consequence of the new doctrine 640 — 643
Axiom, that the Executive is the department of power most distin
guished by its propensity to war. Practice of free States to disarm
CONTEXTS OF VOL. I.
PAGE.
1793.— Continued.
this propensity of its influence ... 643
Refusal of the Constitution to vest in the Executive the sole power of
making peace - - 644
Federalist, No. 75. Reflections- 644.64.)
Assumption that the Proclamation has undertaken to decide the ques
tion, whether there be a cause of war, or not, in the article of guar
anty between U. S. and France, and in so doing has exercised the
right claimed for the Executive Department. Application of the
term " Government" to the Executive authority alone - G46, 647
Nature of a Proclamation in its ordinary use - 647
Unusual and unimplied meaning ascribed to President Washington's
Proclamation. Term " neutrality " not in it. Legal and rational
grounds for it - - 648
Part of it declaring the disposition, &c., of U. S. in relation to the
war in Europe - 648, 649
It does not require the construction put on it by Pacificus - - 649
Reasons why the President cannot be supposed to have intended to
embrace and prejudge the legislative question, whether there was
or was not, under the circumstances of the case, a cause of war in
the article of guaranty - - 649
No call from either of the parties at war wit'h France, for an expla
nation of the light in which the guaranty was viewed 649, 650
An inadmissible presumption - - 650
Farther reasons against supposing that a precipitate and ex parte de
cision of the guaranty question could have been intended by the
Proclamation - 651—653
Silence of the Executive since the accession of Spain and Portugal to
the war against France ... 653, 654
Proper sense of the Proclamation ..... 654
MEMORANDUM
OF
LEADING DATES, ETC.,
IN THE
LIFE OF JAMES MADISON,
1751. March 16, N. S. [1750, March 5, 0. S.] Born in King George
county, Virginia.
. His early education, at the school of Donald Robertson, in King
and Queen county; and afterward at home, under the private
tuition of the Rev. Thomas Martin.
1769. Becomes a student of the College of New Jersey, at Princeton.
1771. Takes the degree of Bachelor of Arts.
1775. Chairman of the Committee of Public Safety for the county of
Orange.
1776. April. Chosen a member of the new Virginia Convention at
Williamsburg.
1777. November. Elected by the Legislature, a member of the Coun
cil of State.
1780. March 4, to the first Monday in November 1783, a delegate
from Virginia to the Congress of the Confederation.
1780. October 17. His report from a Committee, consisting of him
self, Mr. Sullivan, and Mr. Duane, to prepare instructions to
Dr. Franklin and Mr. Jay in support of the claims of the
United States to Western territory, and the free navigation of
Mississippi River.
1783. April 26. From a Committee, consisting of himself, Mr. Ells
worth, and Mr. Hamilton, he prepares an Address to the
States, urging the grant of power to Congress to lay certain
duties for the payment of the public debt; the levying by the
States of a revenue for paying the interest of the debt; and
that the States should make liberal cessions to the Union, of
their territorial claims.
xlix
I MEMORANDUM OF
1784. Elected a member of the Legislature of Virginia. Prepares
Remonstrance and Memorial in favor of Religious Liberty.
1785. As Chairman of the Committee of Courts of Justice, reports a
plan for establishing Courts of Assize. His labors in the gen
eral revisal of the Statute laws. Advocates successfully the
enactment of a law by Virginia, to repress and punish enter
prises by her citizens against nations with which the United
States are at peace. [Filibustering.]
His proposition for the execution of the Treaty of peace con
cerning British debts.
Suggests a proposition for the appointment of Commissioners to
consider of the state of trade in the Confederacy.
1786. Appointed, with six others, as Commissioners from Virginia to a
Convention at Annapolis.
Drafts the report of the Commissioners to the Legislatures by
which they had been appointed, recommending a second Con
vention of delegates to a Convention to be held at Philadel
phia on the second Monday of May, 1787, for a general revi
sal of the Constitution of the Federal Government.
His effort for the disposal of the Public Lands, leading to a
modification of the terms of cession, and to the ordinance for
the Government of the North Western territory, which was
afterward [13th of July, 1787] adopted by Congress.
1787. One of a Committee of five members for revising the style and
arranging the articles of the Constitution which had been
agreed to by the Convention at Philadelphia, and for prepar
ing an address to the People of the United States.
The leading advocate of the new Constitution.
In conjunction with Alexander Hamilton and John Jay, writes
"The Federalist."*
* Of the eighty-five Numbers of the "Federalist," Nos. 1, 6, 7, 8, 9, 11, 12, 13,
15, 16, 17, 21 to 36, 59, 60, 61, 65 to 85, were written by Hamilton; Nos. 10, 14,
37 to 58, by Madison; Nos. 2, 3, 4, 5, 64, by Jay; and Nos. 18, 19, 20, by Ham
ilton and Madison, jointly. In a copy* of the Federalist lent by Mr. Madison to
Mr. Jacob Gideon, of Washington city, the publisher of the edition of 1818. is
the following MS. note, written by Mr. Madison, on the leaf commencing with
No. 18 :
" The subject of this and the two following numbers happened to be taken up
" by both Mr. H. and Mr. M. What had been prepared by Mr. H., who had en-
* Now in the Washington Library.
"LEADING DATES. }j
1789 1797. A member of the 1st, 2nd, 3rd, and 4th Congresses
under the new Constitution.
1793. Writes "Helvidius," in answer to "Pacificus," (Alexander
Hamilton,) on President Washington's Proclamation of Neu
trality, April 22, 1793.
1794. September 15. Marries Mrs. Dolly P. Todd.
1798. December 21. Prepares Resolutions of the Legislature of Vir
ginia against the Alien and Sedition Laws.
1799. Elected to the House of Delegates of Virginia from Orange County.
1799 — 1800. Prepares other Resolutions on the same subject, and a
report in reply to answers received from other States.
1801 — 1809. Secretary of State during President Jefferson's Adminis
tration.
His Reports, diplomatic letters, &c., &c.
1806. His Examination of the British doctrine relating to Neutral
Trade.
1809 — 1817. President of the United States.
His messages, annual and special, &c., &c.
1826. Rector of the University of Virginia.
1829. A delegate from the district of Spottsylvania, Louisa, Orange,
and Madison, to the Convention of Virginia for revising the
Constitution of the Commonwealth.
1833. President of the American Colonization Society.
1835. President of the Washington National Monument Society.
1836. June 28. Dies at his residence, Montpellier, Orange county,
Virginia.
" tered more briefly into the subject, was left with Mr. M., on its appearing that
" the latter was engaged in it, with larger materials, and with a view to a more
" precise delineation ; and from the pen of the latter, the several papers went to
*' ',bo Praas."
WORKS OF MADISON,
LETTERS.
TO THE REVEREND THOMAS MARTIN.
NASSAU HALL, August 16, 1769.
REV. SIR, — I am not a little affected at hearing of your mis
fortune, but cannot but hope the cure may be so far accom
plished as to render your journey not inconvenient. Your kind
advice and friendly cautions are a favor that shall be always
gratefully remembered; and I must beg leave to assure you that
my happiness, which you and your brother so ardently wish for,
will be greatly augmented by both your enjoyments of the like
blessing.
I have been as particular to my father as I thought necessary
for this time, as I send him an account of the institution, &c.,
&c., and of the college, wrote by Mr. Blair, the gentleman for
merly elected President of this place. You will likewise find
two pamphlets entitled " Britannia's Intercession for John
Wilkes," &c., which, if you have not seen it, perhaps may divert
you.
I am perfectly pleased with my present situation; and the
prospect before me of three years' confinement, however terrible
it may sound, has nothing in it, but what will be greatly allevi
ated by the advantages I hope to derive from it.
The near approach of examination occasions a surprising ap
plication to study on all sides, and I think it very fortunate
VOL. I. 1
2 WORKS OF MADISON. 1769.
that I entered college immediately after my arrival. Though
I believe there will not be the least danger of my getting an
Irish hint, as they call it, yet it will make my studies somewhat
easier. I have by that means read over more than half Horace
and made myself pretty well acquainted with prosody, botli
which will be almost neglected the two succeeding years.
The very large packet of letters for Carolina I am afraid will
be incommodious to your brother on so long a journey, to whom
I desire my compliments may be presented; and conclude with
my earnest request for a continuance of both your friendships,
and sincere wishes for your recovery, and an agreeable journey
to your whole company.
I am, sir, your obliged friend and obedient servant.
TO JAMES MADISON.
NASSAU HALL, September 30. 17(i9.
HONORED SIR, — I received your letter by Mr. Rossekrans,
and wrote an answer; but as it is probable this will arrive
sooner which I now write by Dr. Witherspoon, I shall repeat
some circumstances to avoid obscurity.
On Wednesday last we had the usual commencement. Eigh
teen young gentlemen took their Bachelor's degrees, and a con
siderable number their Master's degrees. The degree of Doctor
of Laws was bestowed on Mr. Dickinson the Farmer, and Mr.
Galloway the Speaker of the Pennsylvania Assembly, a distin
guishing mark of honor, as there never was any of that kind
done before in America. The commencement began at ten
o'clock, when the President walked first into the church, a
board of trustees following, and behind them those that were to
take their first degrees. After a short prayer by the President,
the head oration, which is always given to the greatest scholar
by the President and Tutors, was pronounced in Latin by Mr.
Samuel Smith, son of a Presbyterian minister in Pennsylvania.
Then followed the other orations, disputes, and dialogues, dis-
17C9. LETTERS. 3
tributed to each according to his merit, and last of all was pro
nounced the valedictory oration by Mr. John Henry, son of a
gentleman in Maryland. This is given to the greatest orator.
We had a very great assembly of people, a considerable number
of whom came from New York; those at Philadelphia were
most of them detained by Races which were to follow on the
next day.
Since commencement, the trustees have been sitting about
business relative to the college, and have chosen for tutors for
the ensuing year, for the junior class, Mr. Houston from North
Carolina, in the room of Mr. Peream; for the freshman class,
Mr. Reeve, (a gentleman who has for several years past kept a
school at Elizabethtown,) in the room of Mr. Pemberton. The
sophomore tutor, Mr. Thomson, still retains his place, remark
able for his skill in the sophomore studies, having taken care
of that class for several years past. Mr. Halsey was chosen
junior tutor, but refused. The trustees have likewise appointed
Mr. Caldwell, a minister at Elizabethtown, to take a journey
through the Southern Provinces as far as Georgia, to make col
lections by which the college fund may be enabled to increase
the- library, provide an apparatus of mathematical and philo
sophical instruments, and likewise to support professors, which
would be a great addition to the advantages of this college.
Dr. Witherspoon's business to Virginia is nearly the same, as I
conjecture, and perhaps to form some acquaintance to induce
gentlemen to send their sons to this college.
I feel great satisfaction from the assistance my uncle has re
ceived from the springs, and I flatter myself from the continu
ance of my mother's health that Dr. Shore's skill will effectually
banish the cause of her late indisposition.
I recollect nothing more at present worth relating, but as
often as opportunity and anything worthy your attention shall
occur, be assured you shall hear from
Your affectionate son.
WORKS OF MADISON. 1770.
TO ME. JAMES MADISON.
NASSAU HALL, July 23, 1770.
HONORED SIR,—
We have no public news but the base conduct of the mer
chants in New York in breaking through their spirited resolu
tions not to import; a distinct account of which I suppose will
be in the Virginia Gazette before this arrives. Their letter to
the merchants in Philadelphia requesting their concurrence, was
lately burnt by the students of this place in the college yard, all
of them appearing in their black gowns, and the bell tolling.
The number of students has increased very much of late;
there are about an hundred and fifteen in college, and in the
grammar school twenty-two commence this fall, all of them in
American cloth.
With my love to all the family, I am, honored sir, your
affectionate son.
TO JAMES MADISON, ESQ.
PRINCETON, October 9, 1771.
HONORED SIR, — In obedience to your requests I hereby send
you an answer to yours of the 25th of September, which I
received this morning. My letter by Dr. Witherspoon, who
left this place yesterday week, contains most of what you desire
to be informed of. I should be glad if your health and other
circumstances should enable you to visit him during his stay in
Virginia. I am persuaded you would be much pleased with
him, and that he would be very glad to see you.
I was so particular in my last with regard to my determina
tion about staying in Princeton this winter coming, that I need
say nothing more in this place, my sentiments being still the
same.
I am sorry Mr. Chew's mode of conveyance will not answer
in Virginia. I expect to hear from him in a few days, by return
!772. LETTERS. 5
of a man belonging to this Town from New London, and shall
then acquaint him with it and get it remedied by the methods
you propose.
Mr. James Martin was here at commencement, and had an
opportunity of hearing from his brothers and friends in Caro
lina by a young man lately come from thence to this college;
however, I shall follow your directions in writing to him imme
diately, and visiting him as soon as I find it convenient.
I am, Dr sir, your affectionate son.
TO MR. WILLIAM BRADFORD, JR.
(At the Coffee-Rouse, Philadelphia,— By the post.)
ORANGE, VIRGINIA, November 9, 1772.
MY DEAR B., — You moralize so prettily, that if I were to
judge from some parts of your letter of October 13, I should
take you for an old philosopher that had experienced the emp
tiness of earthly happiness; and I am very glad that you have
so .early seen through the romantic paintings with which the
world is sometimes set off by the sprightly imaginations of the
ingenious. You have happily supplied, by reading and obser
vation, the want of experiment; and therefore I hope you are
sufficiently guarded against the allurements and vanities that
beset us on our first entrance on the theatre of life. Yet, how
ever nice and cautious we may be in detecting the follies of
mankind, and framing our economy according to the precepts
of Wisdom and Religion, I fancy there will commonly remain
with us some latent expectation of obtaining more than ordi
nary happiness and prosperity till we feel the convincing argu
ment of actual disappointment. Though I will not determine
whether we shall be much the worse for it if we do not allow it
to intercept our views towards a future state, because strong-
desires and great hopes instigate us to arduous enterprizes,
fortitude, and perseverance. Nevertheless, a watchful eye must
be kept on ourselves, lest while we are building ideal rnonu-
(5 WORKS OF MADISON. 1772.
menta of renown and bliss here, we neglect to have our names
enrolled in the annals of Heaven. These thoughts come into
my mind because I am writing to you, and thinking of you.
As to myself, I am too dull and infirm now to look out for any
extraordinary things in this world, for I think my sensations
for many months past have intimated to me not to expect a
long or healthy life; though it may be better with me after
some time, [but] I hardly dare expect it, and therefore have
little spirit and alacrity to set about anything that is difficult
in acquiring and useless in possessing after one has exchanged
time for eternity. But you have health, youth, fire, and genius,
to bear you along through the high track of public life, and so
may be more interested and delighted in improving on hints
that respect the temporal though momentous concerns of man.
I think you made a judicious choice of History and the science
of morals for your winter's study. They seem to be of the
most universal benefit to men of sense and taste in every post,
and must certainly be of great use to youth in settling the
principles and refining the judgment, as well as in enlarging
knowledge and correcting the imagination. I doubt not but
you design to season them with a little divinity now and then,
which, like the philosopher's stone, in the hands of a good man,
will turn them and every lawful acquirement into the nature of
itself, and make them more precious than fine gold.
As you seem to require that I should be open and unreserved,
(which is indeed the only proof of true friendship.) I will
venture to give you a word of advice, though it be more to
convince you of my affection for you than from any apprehen
sion of your needing it. Pray do not suffer those impertinent
fops that abound in every city to divert you from your business
and philosophical amusements. You may please them more by
admitting them to the enjoyment of your company, but you
will make them respect and admire you more by showing your
indignation at their follies, and by keeping them at a becoming
distance. I am luckily out of the way of such troubles, but I
know you are surrounded with them; for they breed in towns
and populous places as naturally as flies do in the shambles,
1773. LETTERS. 7
because there they get food enough for their vanity and imper
tinence.
I have undertaken to instruct my brothers and sisters ip-
some of the first rudiments of literature; but it does not take
up so much of my time but I shall always have leisure to
receive and answer your letters, which are very grateful to me,
I assure you: and for reading any performances you may be
kind enough to send me, whether of Mr. Freneau or anybody
else. I think myself happy in your correspondence, and desire
you will continue to write as often as you can, as you see I
intend to do by the early and long answer I send you. You
are the only valuable friend I have settled in so public a place,
and I must rely on you for an account of all literary transac
tions in your part of the world.
I am not sorry to hear of Livingston's getting a degree. I
heartily wish him well, though many would think I had but
little reason to do so; and ?f he would be sensible of his oppor
tunities and encouragements, I think he might still recover.
Lucky (?) and his company, after their feeble yet wicked assault
upon Mr. Erwin, in my opinion, will disgrace the catalogue of
names ; but they are below contempt, and I spend no more
words about them.
And now, my friend, I must take my leave of you, but with
such hopes that it will not be long before I receive another
epistle from you, as make me more cheerfully conclude and
subscribe myself
Your sincere and affectionate friend.
Your direction was right; however, the addition of " Jr." to
my name would not be improper.
TO WILLIAM BRADFORD, JUN.
ORANGE COUNTY, VIRGINIA, April 28, 1773.
DEAR B., — I received your letter dated March the 1st about
a week ago ; and it is not more to obey your demands than to
g WORKS OF MADISON. 1773:
fulfil my own desires that I give you this early answer. I am
glad you disclaim all punctiliousness in our correspondence.
For my own part I confess I have not the face to perform cere
mony in person, and I equally detest it on paper; though as
Tully says, It cannot blush. Friendship, like all truth, delights
in plainness and simplicity, and it is the counterfeit alone that
needs ornament and ostentation. I am so thoroughly persuaded
of this, that when I observe any one over complaisant to me in
his professions and promises, I am tempted to interpret his
language thus: " As I have no real esteem for you, and for cer
tain reasons think it expedient to appear well in your eye, I
endeavor to varnish falsehood with politeness, which I think I
can do in so ingenious a manner that so vain a blockhead as
you cannot see through it."
I would have you write to me when you feel as you used to
do, when we were under the same roof, and you found it a
recreation and release from businc-ss and books to come and
chat an hour or two with me. The case is such with me that I
am too remote from the post to have the same choice, but it
seldom happens that an opportunity catches me out of a humor
of writing to my old Nassovian friends, and you know what
place you hold among them.
I have not seen a single piece against the Doctor's address.
I saw a piece advertised for publication in the Philadelphia
Gazette, entitled " Candid remarks," &c., and that is all I know
about it. These things seldom reach Virginia, and when they
do, I am out of the way of them. I have a curiosity to read
those authors who write with " all the rage of impotence/'7 not
because there is any excellence or wit in their writings, but
because they implicitly proclaim the merit of those they are rail
ing against, and give them an occasion of shewing by their
silence and contempt that they are invulnerable. I am heartily
obliged to you for your kind offer of sending me some of these
performances. I should also willingly accept Freneau's works,
and the " Sermons to Doctors in Divinity," which I hear are
published, and whatever else you reckon worth reading. Please
to note the cost of the articles, for I will by no means suffer our
1773. LETTERS. 9
acquaintance to be an expense on your part alone, and I have
nothing fit to send you to make it reciprocal. In your next
letter be more particular as to yourself, your intentions, present
employments, &c., Erwin, McPherson, &c., the affairs of the
college. Is the lottery like to come to anything ? There has
happened no change in my purposes since you heard from me
last. My health is a little better, owing, I believe, to more
activity and less study, recommended by physicians. I shall
try, if possible, to devise some business that will afford me a
sight of you once more in Philadelphia within a year or two.
I wish you would resolve the same with respect to me in Vir
ginia, though within a shorter time. I am sorry my situation
affords me nothing new, curious, or entertaining, to pay you for
your agreeable information and remarks. You, being at the
fountain head of political and literary intelligence, and I in an
obscure corner, you must expect to be greatly loser on that
score by our correspondence. But as you have entered upon it,
I am determined to hold you to it, and shall give you some very
severe admonitions whenever I perceive a remissness or brevity
in your letters. I do not intend this as a beginning of reproof,
but .as a caution to you never to make it necessary at all.
If Mr. Horton is in Philadelphia, give him my best thanks for
his kindness in assisting Mr. Wallace to do some business for
[ ?] not long ago.
I must re-echo your pressing invitations to [ ?]
do with the more confidence as I have complied.
I am, dear sir, yours, most unfeignedly.
TO WILLIAM BRADFORD, ESQ.
ORANGE COUNTY, VIRGINIA, 6th Sept., 1773.
DEAR SIR, — If I did not love you too well to scold at you, I
should begin this with upbraiding your silence, contrary to
10 WORKS OF MADISON. 1774.
your express promise and my earnest solicitations. The bundle
of pamphlets you sent by the post has miscarried, or I would
not trouble you with sending them again; but perhaps if you
would inquire of the posts, they might still be discovered.
I expect this will be handed to you by Mr. Erwin, who has
been kind enough to extend his journey this far, whose praise
is in every man's mouth here for an excellent discourse he this
day preached for us. He will let you know everything that
occurs to me worth mentioning at commencement, or Philadel
phia, if you should not attend the commencement. Gratitude
to him, and friendship to yourself and others, with some busi
ness, perhaps, will induce me to visit Philadelphia or Princeton
in the spring, if I should be alive, and should have health
sufficient.
I set too high a value on Mr. Erwin's company to write
much to you now, and besides have the like office of friendship
to several other friends.
I am, dear sir, yours most affectionately.
TO MR. WILLIAM BRADFORD, JR.
January the 24th, 1774.
MY WORTHY FRIEND, — Yours of the 25th of last month came
into my hands a few days past. It gave singular pleasure, not
only because of the kindness expressed in it, but because I had
reason to apprehend the letter you received last from me had
miscarried, and I should fail in procuring the intelligence I
wanted before the trip I designed in the spring.
I congratulate you on your heroic proceedings in Philadel
phia with regard to the tea. I wish Boston may conduct
matters with as much discretion as they seem to do with bold
ness. They seem to have great trials and difficulties by reason
of the obduracy and ministerialism of their G-overnor. How-
1774. LETTERS. 11
ever, political contests are necessary sometimes, as well as
military, to afford exercise and practice, and to instruct in the
art of defending liberty and property. I verily believe the
frequent assaults that have been made on America (Boston
especially) will in the end prove of real advantage.
If the Church of England had been the established and
general religion in all the northern colonies as it has been
among us here, and uninterrupted tranquillity had prevailed
throughout the continent, it is clear to me that slavery and
subjection might and would have been gradually insinuated
among us. Union of religious sentiments begets a surprising
confidence, and ecclesiastical establishments tend to great igno
rance and corruption; all of which facilitate the execution of
mischievous projects.
But away with politics ! Let me address you as a student
and philosopher, and not as a patriot, now. I am pleased that
you are going to converse with the Edwards and Henrys and
Charleses, &c., &c., who have swayed the British sceptre, though
I believe you will find some of them dirty and unprofitable
companions, unless you will glean instruction from their follies,
and fall more in love with liberty by beholding such detestable
pictures of tyranny and cruelty.
I was afraid you would not easily have loosened your affec
tions from the belles lettres. A delicate taste and warm imagi
nation like yours must find it hard to give up such refined and
exquisite enjoyments for the coarse and dry study of the law.
It is like leaving a pleasant flourishing field for a barren desert ;
perhaps I should not say barren either, because the law does
bear fruit, but it is sour fruit, that must be gathered and
pressed and distilled before it can bring pleasure or profit. I
perceive I have made a very awkward comparison; but I got
the thought by the end, and had gone too far to quit it before I
perceived that it was too much entangled in my brain to run it
through; and so you must forgive it. I myself used to have
too great a hankering after those amusing studies. Poetry,
wit, and criticism, romances, plays, <fcc., captivated me much;
but I began to discover that they deserve but a small portion
12 WORKS OF MADISON. 1774.
of a mortal's time, and that something more substantial, more
durable, and more profitable, befits a riper age. It would be
exceedingly improper for a laboring man to have nothing but
flowers in his garden, or to determine to eat nothing but sweet
meats and confections. Equally absurd would it be for a
scholar and a man of business to make up his whole library
with books of fancy, and feed his mind with nothing but such
luscious performances.
When you have an opportunity and write to Mr. Bracken-
ridge, pray tell him I often think of him, and long to see him,
and am resolved to do so in the spring. George Luckey was
with me at Christmas, and we talked so much about old affairs
and old friends, that I have a most insatiable desire to sec you
all. Luckey will accompany me, and we are to set off on the
10th of April, if no disaster befalls either of us.
I want again to breathe your free air. I expect it will mend
my constitution and confirm my principles. I have indeed as
good an atmosphere at home as the climate will allow; but have
nothing to brag of as to the state and liberty of my country.
Poverty and luxury prevail among all sorts; pride, ignorance,
and knavery among the priesthood, and vice and wickedness
among the laity. This is bad enough, but it is not the worst I
have to tell you. That diabolical, hell-conceived principle of
persecution rages among some; and to their eternal infamy, the
clergy can furnish their quota of imps for such business. This
vexes me the worst of anything whatever. There are at this
time in the adjacent country not less than five or six well-
nieaning men in close jail for publishing their religious senti
ments, which in the main are very orthodox. I have neither
patience to hear, talk, or think of anything relative to this
matter; for I have squabbled and scolded, abused and ridiculed,
so long about it to little purpose, that I am without common
patience. So I must beg you to pity me, and pray for liberty
of conscience to all.
I expect to hear from you once more before I see you, if time
will admit; and want to know when the synod meets, and
where; what the exchange is at, and as much about my friends
1774. LETTERS. 13
and other matters as you can [tell,] and think worthy of notice
Till I see you,
Adieu !
N. B. Our correspondence is too far advanced to require
apology for bad writing and blots.
Your letter to Mr. Wallace is yet in my hands, and shall be
forwarded to you as soon as possible. I hear nothing from him
by letter or fame.
TO MB. WILLIAM BRADFOED, JR.
VIRGINIA, ORANGE COUNTY, April 1, 1774.
MY WORTHY FRIEND, — I have another favor to acknowledge
in the receipt of your kind letter of March the 4th. I did not
intend to have written again to you before I obtained a nearer
communication with you; but you have too much interest in my
inclinations ever to be denied a request.
Mr. Brackenridge's illness gives me great uneasiness; I think
he would be a loss to America. His merit is rated so high by
me that I confess, if he were gone, I could almost say with the
poet, that his country could furnish such a pomp for death no
more. But I solace myself from Finley's ludicrous descriptions
as you do.
Our Assembly is to meet the first of May, when it is expected
something will be done in behalf of the dissenters. Petitions,
I hear, are already forming among the persecuted Baptists, and
I fancy it is in the thoughts of the Presbyterians also, to inter
cede for greater liberty in matters of religion. For my own
part, I cannot help being very doubtful of their succeeding in the
attempt. The affair was on the carpet during the last session;
but such incredible and extravagant stories were told in the
House of the monstrous effects of the enthusiasm prevalent
among the sectaries, and so greedily swallowed by their en^-
14 WORKS orniADisoN. 17T4
mies, that I believe they lost footing by it. And the bad name
they still have with those who pretend^ too much contempt to
examine into their principles and conduct, and are too much
devoted to the ecclesiastical establishment to hear of the tolera
tion of dissentients, I am apprehensive, will be again made a
pretext for rejecting their requests.
The sentiments of our people of fortune and fashion on this
subject are vastly different from what you have been used to.
That liberal, catholic, and equitable way of thinking, as to the
rights of conscience, which is one of the characteristics of a free
people, and so strongly marks the people of your province, is
but little known among the zealous adherents to our hierarchy.
We have, it is true, some persons in the Legislature of generous
principles both in Religion and Politics; but number, not merit,
you know, is necessary to carry points there. Besides, the
clergy are a numerous and powerful body, have great influence
at home by reason of their connection with and dependence on
the Bishops and Crown, and will naturally employ all their art
and interest to depress their rising adversaries; for such they
must consider dissenters who rob them of the good will of the
people, and may, in time, endanger their livings and security.
You are happy in dwelling in a land where those inestimable
privileges are fully enjoyed; and the public has long felt the
good effects of this religious as well as civil liberty. Foreign
ers have been encouraged to settle among you. Industry and
virtue have been promoted by mutual emulation and mutual
inspection; commerce and the arts have flourished; and I can
not help attributing those continual exertions of genius which
appear among you to the inspiration of liberty, and that love
of fame and knowledge which always accompany it. Religious
bondage shackles and debilitates the mind, and unfits it for
every noble enterprise, every expanded prospect. How far
this is the case with Virginia will more clearly appear when
the ensuing trial is made.
I am making all haste in preparing for my journey. It ap
pears as if it would be the first of May before I can start, which
I can more patiently bear, because I may possibly get no com-
1774. LETTERS. 15
pany before that time; and it will answer so exactly with the
meeting of the synod. George Luckey talks of joining me if I
can wait till then. I am resolutely determined to come if it is
in my power. If anything hinders me, it will be most likely
the indisposition of my mother, who is in a very low state of
health; and if she should grow worse, I am afraid she will be
more unwilling to part with my brother, as she will be less able
to bear a separation. If it should unfortunately happen that I
should be forced off or give out coming, Luckey on his return
to Virginia will bring me whatever publications you think
worth sending, and among others [Caspapini's?] letters.
But whether I come or not, be assured I retain the most ar
dent affection and esteem for you, and the most cordial grati
tude for your many generous kindnesses. It gives me real
pleasure when I write to you that I can talk in this language
without the least affectation, and without the suspicion of it,
and that if I should omit expressing my love for you, your
friendship can supply the omission; or if I make use of the most
extravagant expressions of it, your corresponding affection can
believe them to be sincere. This is a satisfaction and delight
unknown to all who correspond for business and conveniency,
but richly enjoyed by all who make pleasure and improvement
the business of their communications.
Farewell,
J. M.
P. S. You need no longer direct to the care of Mr. Maury.
TO WILLIAM BRADFORD, JR.
July 1, 1774.
DEAR SIR, — I am once more got into my native land, and into
the possession of my customary employments, solitude and con
templation; though I must confess not a little disturbed by the
16 WORKS OF MADISON. 1774.
sound of war, blood, and plunder, on the one hand, and the
threats of slavery and oppression on the other. From the best
accounts I can obtain from our frontiers, the savages are deter
mined on the extirpation of the inhabitants, and no longer leave
them the alternative of death or captivity. The consternation
and timidity of the white people, who abandon their possessions
without making the least resistance, are as difficult to be ac
counted for as they are encouraging to the enemy. Whether it
be owing to the unusual cruelty of the Indians, the want of
necessary implements or ammunition for war, or to the igno
rance and inexperience of many who, since the establishment of
peace, have ventured into those new settlements, I can neither
learn, nor with any certainty conjecture. However, it is confi
dently asserted that there is not an inhabitant for some hundreds
of miles back which have been settled for many years except
those who are [forted ?] in or embodied by their military com
manders. The state of things has induced Lord Dunmore.
contrary to his intentions at the dissolution of the Assembly, to
issue writs for a new election of members, whom he is to call
together on the llth of August.
As to the sentiments of the people of this Colony with respect
to the Bostonians, I can assure you I find them very warm in
their favor. The natives are very numerous and resolute, are
making resolves in almost every county, and I believe arc will
ing to fall in with the other Colonies in any expedient measure,
even if that should be the universal prohibition of trade. It
must not be denied, though, that the Europeans, especially the
Scotch, and some interested merchants among the natives, dis
countenance such proceedings as far as they dare ; alledging the
injustice and perfidy of refusing to pay our debts to our gener
ous creditors at home. This consideration induces some honest,
moderate folks to prefer a partial prohibition, extending only
to the importation of goods.
We have a report here that Governor Gage has sent Lord
Dunmore some letters relating to public matters in which he
says he has strong hopes that he shall be able to bring things
at Boston to an amicable settlement. I suppose you know
1774. LETTERS. 17
whether there be any truth in the report, or any just foundation
for such an opinion in Gage.
It has been said here by some, that the appointed fast was
disregarded by every Scotch clergyman, though it was observed
by most of the others who had timely notice of it. I cannot
avouch it for an absolute certainty, but it appears no ways
incredible.
I was so lucky as to find Dean Tucker's tracts on my return
home, sent by mistake with some other books imported this
spring. I have read them with peculiar satisfaction and illumi
nation with respect to the interests of America and Britain.
At the same time his ingenious and plausible defence of par
liamentary authority carries in it such defects and misrepresent
ations, as confirm me in political orthodoxy — after the same
manner as the specious arguments of Infidels have established
the faith of inquiring Christians.
I am impatient to hear from you; and do now certainly [earn
estly?] renew the stipulation for that friendly correspondence
which alone can comfort me in the privation of your company.
I shall be punctual in transmitting you an account of every
thing that can be acceptable, but must freely absolve you from
as strict an obligation, which your application to more import
ant business will not allow, and which my regard for your ease
and interests will not suffer me to enjoin.
I am, dear sir, your faithful friend,
TO MR. WILLIAM BRADFORD.
VIRGINIA, ORANGE COUNTY, January 20, 1775.
MY WORTHY FRIEND, — Your very acceptable favors by Mr.
Rutherford arrived safe, but I perceived by the date had a
very tedious passage, which perhaps may be attributed to the
craziness of the vessel in which you embarked them. I ought
VOL. i. 2
13 WORKS OF MADISON. 1775.
to mention, in particular, that I did not receive them till after
I wrote my last, as an apology for my not then acknowledg
ing it.
I entirely acquiesce in your opinion of our friend Bracken-
ridge's talents, and think his poem an indubitable proof of what
you say on that head. It certainly has many real beauties in
it, and several strokes of a strong original genius; but at the
same time, as you observe, some very obvious defects, which I
am afraid, too, are more discernible to common readers than its
excellencies. If this be the case, I am apprehensive it will not
answer the end proposed, which, as I collect from his letter to
me, was to raise the character of his academy by the fame of
its teacher. It is on this account, he says, he desires it might
have a pretty general reading in this Government. For my
own part, I could heartily wish, for the honor of the author and
the success of the performance, that it might fall into the hands
only of the impartial and judicious. I have shewn it to some
of our middling sort of folks, and I am persuaded it will be not
much relished by that class of my countrymen. The subject is
itself frightful; blank verse, in some measure unintelligible, at
least requires stricter attention than most people will bestow;
and the antiquated phraseology, however eligible in itself, dis
gusts such as affect modern fashion. In short, the theme is not
interesting enough, nor the dress sufficiently a la mode to attract
the notice of the generality. The same merit in a political
or humorous composition would have rung the author's fame
through every Province on the continent. Something of this
kind I am encouraged to expect soon from a passage of his let
ter in which he mentions a design of finishing a poem then in
hand, on the present times; and from the description he gives
of it, (if it be not too local,) I doubt not will meet with the
public's applause. He informed me it would be ready for the
press in three months from the time he wrote. If so, you must
have seen it by this time.
We are very busy at present in raising men and procuring
the necessaries for defending ourselves and our friends in case
of a sudden invasion. The extensiveness of the demands of the
1775. LETTERS. 1$
Congress, and the pride of the British nation, together with the
wickedness of the present ministry, seem, in the judgment of our
politicians, to require a preparation for extreme events. There
will, by the Spring I expect, be some thousands of well-trained,
high-spirited men ready to meet danger whenever it appears,
who are influenced by no mercenary principles, but bearing
their own expenses, and having the prospect of no recompense
but the honor and safety of their country.
I suppose the inhabitants of your Province are more reserved
in their behavior, if not more easy in their apprehension, from
the prevalence of Quaker principles and politics. The Quakers
are the only people with us who refuse to accede to the Conti
nental association. I cannot forbear suspecting them to be
under the control and direction of the leaders of the party in
your quarter; for I take those of them that we have to be too
honest and simple to have any sinister or secret views, and I
do not observe anything in the association inconsistent with
their religious principles. When I say they refuse to accede to
the association, my meaning is that they refuse to sign it; that
being the method used among us to distinguish friends from
foes, and to oblige the common people to a more strict observ
ance of it. I have never heard whether the like method has
been adopted in the other Governments.
I have not seen the following in print, and it seems to be so
just a specimen of Indian eloquence and mistaken valor, that I
think you will be pleased with it. You must make allowance
for the unskilfulness of the interpreters.
The speech of Logan, a Shawanese Chief, to Lord Dunmore:
" I appeal to any white man to say, if ever he entered Logan's
cabin hungry, and I gave him not meat; if ever he came cold or
naked, and I gave him not clothing. During the course of the
last long and bloody war, Logan remained idle in his tent, an
advocate for peace; nay, such was my love for the whites, that
those of my own country pointed at me as they passed by, and
said, ' Logan is the friend of white men.' I had even thought
to live with you but for the injuries of one man. Col. Cressop,
the last spring, in cold blood and unprovoked, cut off all the
20 WORKS OF MADISON. 1775.
relo lions of Logan, not sparing even my women and children.
There runs riot a drop of my blood in the veins of any human
creature. This called on me for revenge. I have sought it; I
have killed many; I have fully glutted my vengeance. For my
country I rejoice at the beams of peace; but do not harbor a
thought that mine is the joy of fear. Logan never felt fear.
He will not turn on his heel to save his life. Who is there to
mourn for Logan ? — not one ! "
If you should see any of our friends from Princeton a little
before the time of your intending to write to me, and could
transmit any little intelligence concerning the health, &c., of my
little brother there, it would be very acceptable to me, and very
gratifying to a fond mother; but I desire it may only be done
when it will cost you less than five words.
We had with us a little before Christmas the Rev. Moses
Allen, on his return from Boston to Charlestown. He told me
he came through Philadelphia, but did not see you, though he ex
presses a singular regard for you, and left his request with me
that you would let him hear from you whenever it is convenient,
promising to return the kindness with punctuality. He trav
elled with considerable equipage for a dissenting ecclesiastic,
and seems fo be willing to superadd the airs of the fine gentle
man to the graces of the spirit. I had his company for several
days, during which time he preached two sermons with general
approbation. His discourses were above the common run some
degree; and his appearance in the pulpit on the whole was no
discredit to [ ?] He retains too much of his pristine
levity, but promises amendment. I wish he may for the sake
of himself, his friends, and his flock. I only add that he seems
to be one of those geniuses that are formed for shifting in the
world rather than shining in a college, and that I really believe
him to possess a friendly and generous disposition.
You shall ere long hear from me again. Till then, Vive,
vale et Lcetare.
1776. DECLARATION OF RIGHTS. 21
TO JAMES MADISON, ESQ.
WILLIAMSBURG, June 27. 1776.
HOXD.SIR— * * * * *
It is impossible for me to say when the Convention will ad
journ; but am pretty certain it will not be so soon as was
expected when I wrote by .
It is said that seven ships, some of them very large, have
within a few days past come to the aid of Dunmore. Whether
they be transports or ships of war is not yet determined.
I am, dear sir, yours affectionately.
[Among Mr. Madison's papers is the following copy, both in print and manu
script, of the Declaration of Rights, as reported by the select committee of the
Virginia convention of 1776. It corresponds in the main, though not without
occasional variations, with the original draft prepared by Colonel George Mason.
In the last article, to which the note there subjoined by Mr. Madison refers, the
draft of the committee and that of Colonel Mason were in all respects identical.]
The following Declaration was reported to the Convention by
the committee appointed to prepare the same, and referred to
the consideration of a committee of the whole Convention; and
in the mean time is ordered to be printed for the perusal of the
members :
A DECLARATION OF RIGHTS made by the representatives of
the good people of Virginia, assembled in full and free conven
tion, which rights do pertain to us and our posterity, as the
basis and foundation of government.
1. That all men are born equally free and independent, and
have certain inherent natural rights, of which they cannot, by
any compact, deprive their posterity ; among which are the
enjoyment of life and liberty, with the means of acquiring and
possessing property, and pursuing and obtaining happiness and
safety.
2. That all power is vested in, and consequently derived
22 WORKS OF MADISON. 1776.
from, the people; that magistrates are their trustees and serv
ants, and at all times amenable to them.
3. That government is, or ought to be, instituted for the
common benefit, protection, and security of the people, nation,
or community: of all the various modes and forms of govern
ment, that is best which is capable of producing the greatest
degree of happiness and safety, and is most effectually secured
against the danger of maladministration; and that whenever
any government shall be found inadequate or contrary to these
purposes, a majority of the community hath an indubitable,
unalienable, and indefeasible right to reform, alter, or abolish it,
in such manner as shall be judged most conducive to the public
weal.
4. That no man or set of men are entitled to exclusive or
separate emoluments or privileges from the community but in
consideration of public services; which not being descendible or
hereditary, the idea of a man born a magistrate, a legislator, or
a judge, is unnatural and absurd.
5. That the legislative and executive powers of the State
should be separate and distinct from the judicative; and that
the members of the two first may be restrained from oppression
by feeling and participating the burdens of the people, they
should, at fixed periods, be reduced to a private station, return
into that body from which they were originally taken, and the
vacancies be supplied by frequent, certain, and regular elec
tions.
6. That elections of members to serve as representatives of
the people, in Assembly, ought to be free; and that all men,
having sufficient evidence of permanent common interest with
and attachment to the community, have the right of suffrage.
7. That no part of a man's property can be taken from him,
or applied to public uses, without his own consent or that of
his legal representatives; nor are the people bound by any laws
but such as they have, in like manner, assented to for their
common good.
8. That all power of suspending laws, or the execution of
laws by any authority without consent of the representative?
177G. DECLARATION OF RIGHTS. 23
of the people, is injurious to their rights and ought not to be
exercised.
9. That laws having retrospect to crimes, and punishing
offences committed before the existence of such laws, are gene
rally oppressive and ought to be avoided.
10. That in all capital or criminal prosecutions a man hath a
right to demand the cause and nature of his accusation, to be
confronted with the accusers or witnesses, to call for evidence
in his favor, and to a speedy trial by an impartial jury of his
vicinage, without whose unanimous consent he cannot be found
O '
guilty, nor can he be compelled to give evidence against him
self ; that no man be deprived of his liberty except by the law
of the land, or the judgment of his peers.
11. That excessive bail ought not to be required, nor exces
sive fines imposed, nor cruel and unusual punishments inflicted.
12. That warrants unsupported by evidence, whereby any
officer or messenger may be commanded or required to search
suspected places, or to seize any person or persons, his or their
property, not particularly described, are grievous and oppres
sive, and ought not to be granted.
13. That in controversies respecting property, and in suits
between man and man, the ancient trial by jury is preferable to
any other, and ought to be held sacred.
14. That the freedom of the press is one of the great bul
warks of liberty, and can never be restrained but by despotic
governments.
15. That a well-regulated militia, composed of the body of
the people, trained to arms, is the proper, natural, and safe
defence of a free State; that standing armies in time of peace
should be avoided as dangerous to liberty; and that in all cases
the military should be under strict subordination to, and gov
erned by, the civil power.
16. That the people have a right to uniform government, and
therefore that no government separate from, or independent of
the government of Virginia, ought of right to be erected or
established within the limits thereof.
17. That no free government or the blessings of liberty can
24 WORKS OF MAD I SON.
be preserved to any people but by a firm adherence to justice,
moderation, temperance, frugality, and virtue, and by frequent
recurrence to fundamental principles.
18. That Religion, or the duty which we owe to our CREATOR,
and the manner of discharging it, can be directed only by reason
and conviction, not by force or violence; and therefore that all
men should enjoy the fullest toleration in the exercise of reli
gion according to the dictates of conscience, unpunished and
unrestrained by the magistrate, unless, under color of religion,
any man disturb the peace, the happiness, or safety of society;
and that it is the mutual duty of all to practice Christian for
bearance, love, and charity towards each other.*
[The following draught of a " Plan of Government," which seems to have been
the original sketch of the Virginia Constitution of 177(5, is found among Mr.
Madison's papers, both in print and transcribed by him; and the two notes, the
one at the beginning and the other at the end, are subjoined in his hand-writing
to the manuscript copy:]
A PLAN OF GOVERNMENT,
Laid before the Committee of the House, which they have
ordered to be printed for the perusal of the members. t
1. Let the legislative, executive, and judicative departments
* On the printed paper here literally copied is a manuscript variation of this
last article, making it read : i; That religion, or the duty we owe to our Creator,
and the manner of discharging it, being under the direction of reason and con
viction only, not of violence or compulsion, all men are equally entitled to the
full and free exercise of it according to the dictates of conscience; and therefore
that no man or class of men ought, on account of religion, to be invested with
peculiar emoluments or privileges, nor subjected to any penalties or disabilities,
unless, under color of religion, the preservation of equal liberty and the exist
ence of the State be manifestly endangered.
This variation is in the handwriting of J. M., and is recollected to have been
brought forward by him, with a view more particularly to substitute for the idea
expressed by the term " toleration " an absolute and equal right in all to ihe
exercise of religion according to the dictates of conscience. The proposal wa«
moulded into the last article in the Declaration as finally established, from which
the term " toleration" is excluded. — J. M.
f An alteration in the handwriting of J. M. erases " of the House," and inserts
after committee, appointed for that purpose; and adds at the end after " members.'1
1T7G. PLAN OF GOVERNMENT. 25
be separate and distinct, so that neither exercise the powers
properly belonging to the other.
2. Let the legislative be formed of two distinct branches, who
together shall be a complete Legislature. They shall meet
once or oftener every year, and shall be called the GENERAL
ASSEMBLY of VIRGINIA.
3. Let one of these be called the Lower House of Assembly,
and consist of two delegates or representatives, chosen for each
county annually, by such men as have resided in the same for
one year last past, are freeholders of the county, possess an
estate of inheritance of land in Virginia of at least one thousand
pounds value, and are upwards of twenty-four years of age.
4. Let the other be called the Upper House of Assembly, and
consist of twenty-four members, for whose election let the differ
ent counties be divided into twenty-four districts, and each
county of the respective district, at the time of the election of
its delegates for the Lower House, choose twelve deputies or
sub-electors, being freeholders residing therein, and having an
estate of inheritance of lands within the district, of at least five
hundred pounds value. In case of dispute, the qualifications to
be determined by the majority of the said deputies. Let these
deputies choose by ballot one member for the Upper House of
Assembly, who is a freeholder of the district, hath been a resi
dent therein for one year last past, possesses an estate of inher
itance of lands in Virginia of at least two thousand pounds
value, and is upwards of twenty-eight years of age. To keep
up this Assembly by rotation let the districts be equally divided
into four classes and numbered. At the end of one year, after
the general election, let the six members elected by the first
division be displaced, rendered ineligible for four years, and
tf the House; making the whole read, Laid before the committee appointed for
that purpose, which they have ordered to be printed for the perusal of the mem
bers of the House.
From this correction it appears that what was laid before the committee was
printed by its order, not by that of the Convention, as was done in the case of the
''Declaration of Rights," reported by Mr. Gary from the appointed committee:
nor is there in the journal any order for printing any plan of government reported
to the Convention from a committee. — J. M.
26 WORKS OF MADISON. 1776.
the vacancies be supplied in the manner aforesaid. Let this
rotation be applied to each division according to its number,
and continued in due order annually.
5. Let each House settle its own rules of proceeding; direct
writs of election for supplying intermediate vacancies; and let
the right of suffrage, both in the election of members for the
Lower House and of deputies for the districts, be extended to
those having leases for land in which there is an unexpired
term of seven years, and to every housekeeper who hath resided
for one year last past in the county, and hath been the father
of three children in this country.
6. Let all laws originate in the lower House, to be approved
or rejected by the upper House, or to be amended with the
consent of the lower House, except money bills, which in no
instance shall be altered by the upper House, but wholly ap
proved or rejected.
7. Let a Governor, or Chief Magistrate, be chosen annually
by joint ballot of both Houses, who shall not continue in that
office longer than three years successively, and then be ineligi
ble for the next three years. Let an adequate but moderate
salary be settled on him during his continuance in office; and
let him, with the advice of a Council of State, exercise the exec
utive powers of Government, and the power of proroguing or
adjourning the General Assembly, or of calling it upon emer
gencies, and of granting reprieves or pardons, except in cases
where the prosecution shall have been carried on by the Lower
House of Assembly.
8. Let a privy Council or Council of State, consisting of eight
members, be chosen by joint ballot of both Houses of Assembly
promiscuously, from their own members, or the people at large,
to assist in the administration of Government.
Let the Governor be President of this Council; but let them
annually choose one of their own members as Vice President,
who, in case of the death or absence of the Governor, shall act
as Lieutenant Governor. Let these members be sufficient to
act, and their advice be entered of record in their proceedings.
Let them appoint their own clerk, who shall have a salary set-
1776. TLAN OF GOVERNMENT. 27
tied by law, and taken with oath of secrecy, in such matters as
he shall be directed to conceal, unless called upon by the Lower
House of Assembly for information. Let a sum of money ap
propriated to that purpose be divided annually among the mem
bers in proportion to their attendance, and let them be incapa
ble, during their continuance in office, of sitting in either House
of Assembly. Let two members be removed by ballot of their
own Board at the end of every three years, and be ineligible
for the next three years. Let this be regularly continued by
rotation, so as that no member be removed before he hath been
three years in the Council; and let these vacancies, as well as
those occasioned by death or incapacity, be supplied by new
elections in the same manner as the first.
9. Let the Governor, with the advice of the Privy Council,
have the appointment of the militia officers, and the government
of the militia, under the laws of the country.
10. Let the two Houses of Assembly, by joint ballot, appoint
Judges of the Supreme Court, Judges in Chancery, Judges of
the Admiralty, and the Attorney General, to be commissioned
by the Governor, and continue in office during good behaviour.
In -case of death or incapacity, let the Governor, with the advice
of the Privy Council, appoint persons to succeed in office pro
tempo re, to be approved or displaced by both Houses. Let
these officers have fixed and adequate salaries, and be incapable
of having a seat in either House of Assembly, or in the Privy
Council, except the Attorney General and the Treasurer, who
may be permitted to a seat in the lower House of Assembly.
11. Let the Governor and Privy Council appoint justices of
the peace for the counties. Let the clerks of all the courts, the
sheriffs, and coroners, be nominated by the respective courts,
approved by the Governor and Privy Council, and commissioned
by the Governor. Let the clerks be continued during good
behaviour, and all fees be regulated by law. Let the justices
appoint constables.
12. Let the Governor, any of the Privy Counsellors, Judges
of the Supreme Court, and all other officers of Government, for
mal-administration or corruption be prosecuted by the Lower
2& WORKS OF MADISON. 1776.
House of Assembly, (to be carried on by the Attorney General,
or such other person as the House may appoint,) in the Supreme
Court of common law. If found guilty, let him or them be
either removed from office, or forever disabled to hold any
office under the Government, or subjected to such pains or
penalties as the laws shall direct.
13. Let all commissions run in the name of the Commonwealth
of Virginia, and be tested by the Governor, with the seal of the
Commonwealth annexed. Let writs run in the same manner,
and be tested by the clerks of the several courts. Let indict
ments conclude, against the peace and dignity of tJie Common
wealth.
14. Let a Treasurer be appointed annually, by joint ballot
of both Houses.
15. In order to introduce this Government, let the repre
sentatives of the people now met in Convention choose twenty-
four members to be an Upper House, and let both Houses, by
joint ballot, choose a Governor and Privy Council; the Upper
House to continue until the last day of March next, and the
other officers until the end of the succeeding session of Assem
bly. In case of vacancies, the President to issue writs for new
elections.*
TO JAMES MADISON, ESQ.
ORANGE, March, 1777.
HOND.SlR— * * * * * *
The following odd affair has furnished the court of this county
with some very unexpected business.
Two persons travelling from Philadelphia to the southward,
one of them a Frenchman and an officer in the Continental
* It is not known with certainty from whom this first draught of a plan of
Government proceeded. There is a faint tradition that Meriwether Smith
spoke of it as originating with him. What is remembered by J. M. is, that George
Mason was the most prominent member in discussing and developing the Consti
tution in its passage through the Convention. The preamble is known to have
been furnished by Thomas Jefferson.— J. M.
17T7. LETTERS. 29
army, and the other a man of decent figure, came to the court
house on the evening of the court day, and immediately inquired
for a member of the committee. Being withdrawn with several
members into a private room, they gave information that they fell
in with a man on the road a few miles from the court-house, who,
in the course of conversation on public affairs, gave abundant
proof of his being an adherent to the King of Great Britain,
and a dangerous enemy to the State; that he ran into the most
outrageous abuse of our proceedings, and on their threatening
to inform against him, in the most daring manner bid defiance
to committees, or whoever should pretend to judge or punish
him. They said the man they alluded to had come with them
to the court-house, and they made no doubt but they could point
him out in the crowd. On their so doing, the culprit appeared
to be Benjamin Haley. As the committee had no jurisdiction
in the case, it was referred to a justice of the peace. Every
one seemed to be agreed that his conduct was a direct violation
of law, and called aloud for public notice; but the witnesses
being travellers, and therefore unable to attend at a trial, it
was thought best not to undertake a prosecution which prom
ised nothing but impunity and matter of triumph to the offender.
Here the affair dropped, and every one supposed was entirely
at an end; but as the Frenchman was accidentally passing
through the room where Haley was, he took occasion to ad
monish the people of his being a disaffected person, and up
braided him for his tory principles. This introduced a debate,
which was continued for some time with great heat on the part
of the Frenchman, and great insolence on the part of Haley.
At the request of the latter, they at length both appeared before
a justice of the peace. Haley at first evaded the charges of
his antagonist; but after some time, said he scorned to be coun
terfeit, and in answer to some questions that were put to him,
signified that we were in the state of rebellion and had revolted
from our lawful Sovereign, and that if the King had justice
done him, his authority would still be in exercise among us.
This passed in the presence of twenty or thirty persons, and
rendered the testimony of the travellers needless. A warrant
30 WORKS OF MADISON. 1778.
for arresting him was immediately issued and executed. The
criminal went through his examination, in which his very pleas
seemed to aggravate his guilt. Witnesses were summoned,
sworn, and their evidences taken; and on his obstinate refusal
to give security for his appearance, he was committed to close
gaol. This happened about eight o'clock. I have since heard
he begged about one o'clock in the morning to be admitted to
bail, and went home, but not without threats of revenge, and
making public declaration that he was King George's man. I
have stated the case thus particularly that you may, if an op
portunity occurs, take the advice of some gentleman skilled in
the law, on the most proper and legal mode of proceeding
against him.
TO JAMES MADISON, ESQ.
WILLIAMSBUKG, January 23, 1778.
HONORED SIR, — I got safe to this place on Tuesday follow
ing the day I left home, and at the earnest invitation of my
kinsman, Mr. Madison,* have taken my lodgings in a room of
the President's house, which is a much better accommodation
than I could have promised myself.
You will be informed in due time by advertisement from the
Governor what is proper to be done with the shoes, £c., col
lected for the army. You will be able to obtain so circumstan
tial an account of public affairs from Major Moore, that I may
spare myself the trouble of anticipating it.
Although I well know how inconvenient and disagreeable it
is to you to continue to act as Lieutenant of the county, I can
not help informing you that a resignation at this juncture is
here supposed to have a very unfriendly aspect on the execu
tion of the draught, and consequently to betray at least a want
of patriotism and perseverance. This is so much the case that
a recommendation of county Lieutenant this day received by
* The Rev. James Madison, afterwards Bishop, was at this time President of
William and Mary College.
1778. LETTERS. 31
the Governor, to supply the place of one who has resigned to
the court, produced a private verbal message to the old Lieu
tenant to continue to act at least as long as the present meas
ures were in execution.
I am, dear sir, your affectionate son.
TO JAMES MADISON, ESQ.
WILLIAMSBURG. March 6, 1778.
HONORED SIR- * * * * * *
We have no news here that can be depended on. It is said
by Mr. King, who is just from Petersburg, that a gentleman was
at that place who informed that sundry persons had arrived at
Edcnton from Providence Island, who affirmed that they saw in
Providence a London paper giving an account that Bourgoyne's
disaster had produced the most violent fermentation in England;
that the Parliament had refused to grant the supplies for carry
ing on the war, and that a motion for acknowledging our inde
pendence was overruled by a small majority only.
The people who bring this news to Edenton, as the story
goes, were prisoners with the enemy at Providence, when they
were relieved by a New England privateer, which suddenly
landed her men, took possession of the small fort that com
manded the harbor, and secured several vessels that lay in it,
one of which was given up to these men to bring them to the
continent. I leave you to form your own judgment as to the
credibility of this report. I wish it carried stronger marks of
truth.
The Governor has just received a letter from the captain of
the Trench frigate I mentioned in my last, informing him of his
safe arrival in North Carolina with a rich cargo of various
useful and important articles, which will be offered for sale to
us. The frigate belongs to a company at Nantes, in France.
We also hear, but in a less authentic manner, that 7,000 tents
have arrived at Martinique, on their way from France to the
grand army.
32 WORKS OF MADISON. 1779.
A letter from New York town, this moment received, informs
us that an exchange of prisoners is at last agreed on between
W. and H.
Your affectionate son.
TO COLONEL JAMES MADISON.
WILLIAMSBURG, December 8, 1779.
HONORED SIR, — The assembly have not yet concluded their
plan for complying with the requisitions from Congress. It
may be relied on that that cannot be done without very heavy
taxes on every species of property. Indeed, it is thought ques
tionable whether it will not be found absolutely impossible.
No exertions, however, ought to be omitted to testify our zeal
to support Congress in the prosecution of the war. It is also
proposed to procure a large sum on loan by stipulating to pay
the interest in tobacco. A tax on this article necessary for
that purpose is to be collected. Being very imperfectly ac
quainted with the proceedings of the Assembly on this matter,
I must refer you for the particulars to the return of Major
Moore, or some future opportunity. The law for escheats and
forfeitures will be repealed as it respects orphans, &c. The
effects of the measures taken by the Assembly on the credit of
our money and the prices of things cannot be predicted. If
our expectations had not been so invariably disappointed, they
ought to be supposed very considerable. But from the rapid
progress of depreciation at present, and the universal struggle
among sellers to bring up prices, I cannot flatter myself with
the hope of any great reformation. Corn is already at £20,
and rising. Tobacco is also rising. Pork will probably com
mand any price. Imported goods exceed everything else many
hundreds per cent.
I am much at a loss how to dispose of Willey.* I cannot
think it would be expedient in the present state of things to
* The familiar name of his younger brother.
1779. LETTERS. 33
send him out of the State. From a new arrangement of the
college here, nothing is in future to be taught but the higher
and rarer branches of science. The preliminary studies must,
therefore, be pursued in private schools or academies. If the
academy at Prince Edward is so far dissolved that you think
his return thither improper, I would recommend his being put
under the instruction of Mr. Maury, rather than suffer him to be
idle at home. The languages, (including English,) geography,
and arithmetic, ought to be his employment, till he is prepared
to receive a finish to his education at this place.
By the late change, also, in the college, the former custom of
furnishing the table for the president and professors is to be
discontinued. I am induced by this consideration to renew my
request for the flour mentioned to you. It will perhaps be the
only opportunity I may have of requiting received and singular
favors; and, for the reason just assigned, will be extremely con
venient. I wish to know without any loss of time how far this
supply may be reckoned on. Perhaps Mr. R. Burnley would
receive and store it for me.
I am desired by a gentleman here to procure for him two
bear skins to cover the foot of his chariot. If they can be
bought anywhere in your neighborhood, I beg you or Ambrose
will take the trouble to inquire for them, and send them to
Captain Anderson, at Hanover town. If the flour should come
down, the same opportunity will serve for them. Captain
Anderson may be informed that they are for Mr. Norton. If
they can be got without too much trouble, I should be glad of
succeeding, as he will rely on my promise to procure them for
him.
Having nothing to add under the head of news, I subscribe
myself your dutiful son.
VOL. i. 3
34 WORKS OF MADISON. 17C3.
TO COLONEL JAMES MADISON.
PHILADELPHIA, March 20, 17SO.
HONORED SIR -
The extreme badness of the roads and frequency of rains
rendered my journey so slow that I did not reach this place till
Saturday last. The only public intelligence I have to commu
nicate, is that the great and progressive depreciation of the
paper currency had introduced such disorder and perplexity
into public affairs, for the present, and threatened to load the
United States with such an intolerable burden of debt, that
Congress have thought it expedient to convert the 200,000,000
of dollars now in circulation into a real debt of 5,000,000, by
establishing the exchange at 40 for 1 ; and taxes for calling it
in during the ensuing year are to be payable, at the option of
the people, in specie or paper, according to that difference. In
order to carry on public measures in future, money is to be
emitted under the combined faith of Congress and the several
States, secured on permanent and specific funds to be provided
by the latter. This scheme was finally resolved on on Saturday
last. It has not yet been printed, but will be immediately. I
shall transmit a copy to you by the first opportunity. The
little time I have been here makes it impossible for me to enter
into a particular delineation of it. It will probably create
great perplexity and complaints in many private transactions.
Congress have recommended to the States to repeal their
tender laws, and to take measures for preventing injustice as
much as possible. It is probable that in the case of loans to
the public, the state of depreciation at the time they were made
will be the rule of payment; but nothing is yet decided on that
point.
TO EDMUND PENDLETON.
PHILADELPHIA, October 3, 1780.
DEAR SIR, — I had the pleasure of receiving yours of the 25th
ult. yesterday, and am sorry it is not yet in my power to grat-
LETTERS. 35
ify your hopes with any prospect of a successful issue to this
campaign. The reports of the approach or arrival of a French
fleet continue to be circulated, and to prove groundless. If any
foreign operations are undertaken on the continent, it will
probably be against the Floridas by the Spaniards. A Spanish
gentleman, who resides in this city, has received information
from the Governor of Cuba that an armament would pass from
the Havannah to Pensacola towards the end of last month, and
that ten or twelve ships of the line, and as many thousand troops,
would soon be in readiness for an expedition against St. Augus
tine. It would be much more for the credit of that nation, as
well as for the common good, if instead of wasting their time
and resources in these separate and unimportant enterprises,
they would join heartily with the French in attacking the
enemy, where success would produce the desired effect.
The enclosed papers contain all the particulars which have
been received concerning the apostacy and plot of Arnold. A
variety of his iniquitous jobs prior to this chef d'ceuvre of his
villainy, carried on under cover of his military authority, have
been detected among his papers, and involve a number of per
sons both within and without the enemy's lines. The embark
ation lately going on at New York, and given out to be
destined for Virginia or Rhode Island, was pretty certainly a
part of the plot against West Point; although the first repre
sentation of it has not yet been officially contradicted.
With sincere regard, I am, Dr sir, your obt and humble serv
ant.
TO THE HONBLE EDMUND PENDLETON.
PHILADELPHIA, October 10, 1780.
DEAR SIR, — Your favor of the 1st instant came safe to hand
yesterday. The enclosed was sent to Mr. Pendleton, who is
still in town.
36 WORKS OF MADISON. 1780.
All we know of the several fleets in the American seas, is
that Rodney with a few ships is at New York, the remainder
having joined Graves and Arbutlmot, whom we know nothing
about. Ternay is still at Rhode Island. The main French
fleet under Guichen left the West Indies about the time first
mentioned, with a large fleet of merchantmen under its convoy,
and has not since been heard of. The residue of the French
fleet is in the West Indies, but we do not hear of their being
any way employed. It is said an English expedition is prepar
ing at Jamaica against some of the Spanish settlements. The
Spanish expeditions against the Floridas I believe I mentioned
in my last.
We have private accounts, through a channel which has sel
dom deceived, that a very large embarkation is still going on
at New York. I hope Virginia will not be surprised, in case
she should be the meditated victim.
Andre was hung as a spy on the 2d instant. Clinton made
a frivolous attempt to save him by pleading the passport granted
by Arnold. He submitted to his fate in a manner that showed
him to be worthy of a better one. His coadjutor, Smith, will
soon follow him. The hero of the plot, although he may for the
present escape an ignominious death, must lead an ignominious
life, which, if any of his feelings remain, will be a sorer punish
ment. It is said that he is to be made a Brigadier, and em
ployed in some predatory expedition against the Spaniards, in
which he may gratify his thirst for gold. It is said with more
probability, that his baseness is universally despised by those
who have taken advantage of it, and that some degree of resent
ment is mixed with their contempt, on account of the loss of
their darling officer, to which he was accessory.
With sincere regard, I am, dear sir, your obedient, humble
servant.
1780. LETTERS. 37
TO HON. EDMUND PENDLETON, CAROLINE COUNTY, VIRGINIA.
PHILADELPHIA, November 14, 1780.
DR SIR, — Your favor of the 6th instant came to hand yester
day. Mr. Griffin, by whom you appear also to have written,
has not yet arrived.
1 c gives me great pleasure to find that the enemy's numbers
are so much less formidable than was at first computed; but
the information from New York makes it not improbable that
the blank in the computation may shortly be filled up. General
Washington wrote to Congress on the 4th instant that another
embarkation was going on at that place, and in another letter
of the 7th he says that, although he had received no further
intelligence on the subject, he had reason still to believe that
such a measure was in contemplation. Neither the amount nor
the object of it, however, had been ascertained.
The inroads of the enemy on the frontier of New York have
been distressing and wasteful almost beyond their own example.
They have totally laid in ashes a fine settlement called Schoharie,
which was capable, General Washington says, of yielding no
less" than 80,000 bushels of grain for public consumption. Such
a loss is inestimable, and is the more to be regretted because
both local circumstances and the energy of that Government
left little doubt that it would have been applied to public use.
I fancy the taking of Quebec was a mere invention. Your
letter gave me the first account of such a report. A different
report concerning the second division of the French fleet has
sprung up, as you will see by the enclosed paper. It is believed
here by many, and some attention given to it by all. It is also
said that Rodney has sailed from New York with twenty ships
for Europe. If he has sailed at all, and the first report be true
also, it is more likely that he has gone out to meet the French.
The late exchange has liberated about one hundred and forty
officers and all our privates at New York, amounting to four
hundred and seventy-six. General Washington has acceded
to a proposal of a further exchange of the convention officers
38 WORKS OF MADISON. 1780.
without attaching any privates to them, which will liberate
almost the whole residue of our officers at that place.
I am, sir, with the highest esteem and regard, your obt friend
and servt.
TO THE HON. EDMUND PENDLETON.
PHILADELPHIA, November 21, 1780.
DEAR SIR, — Your favor of the 13th came safe yesterday.
The past week has brought forth very little of consequence,
except the disagreeable and, I fear, certain information of the
arrival of the Cape fleet. Our last account of the embarkation
at New York was that the ships had fallen down to the Hook,
that the number of troops was quite unknown, as well as their
destination, except that in general it was southwardly. It is
still said that Philips is to command this detachment. If the
projected junction between Leslie and Cornwallis had not been
so opportunely frustrated by the gallant volunteers at King's
Mountain, it is probable that Philips would have reinforced the
former, as the great force in his rear would otherwise have
rendered every advance hazardous.
At present, it seems more likely that the declining state of
their Southern affairs will call their attention to that quarter.
They can, it is well known, regain at any time their present
footing in Virginia, if it should be thought expedient to aban
don it, or to collect in their forces to a defensible point; but
every retrograde step they take towards Charlestown proves
fatal to their general plan. Mr. J. Adams, in a letter of the
23d of August, from Amsterdam, received yesterday, says that
General Prevost had sailed from England with a few frigates
for Cape Fear, in order to facilitate the operations of their arms
in North Carolina, and that the Ministry were determined to
make the Southern States the scene of a very active winter
campaign. No intimation is given by Mr. Adams of the num
ber of troops under General Prevost. The second division of
1780. LETTERS. 39
the French fleet mentioned in my last to have been off Ber
mudas has not yet made its appearance. It is now either [?]
supposed to have been a British one.
The death of General Woodford is announced in a New
York paper of the 17th. I have not seen the paper, but am
told that no particulars are mentioned. I suppose it will reach
his friends before this will be received, through some other
channel.
Adieu.
TO THE HON. EDMUND PENDLETON.
PHILADELPHIA, December 5, 1780.
DEAR SIR, — I have your favor of the 27th ult., and con
gratulate you on the deliverance of our country from the dis
tresses of actual invasion. The spirit it has shewn on this
occasion will, I hope, in some degree protect it from a second
visit.
.Congress yesterday received letters from Mr. Jay and Mr.
Carmichael, as late as the 4th and 9th of September. The
general tenor of them is that we are not to rely on much aid in
the article of cash from Spain, her finances and credit being
scarcely adequate to her own necessities, and that the British
emissaries are indefatigable in misrepresenting our affairs in
that kingdom, and in endeavoring to detach it from the war.
The character, however, of the Catholic King for steadiness and
probity, and the entire confidence of our allies in him, forbid
any distrust on our part. Portugal, on the pressing remon
strances of France and Spain, has at length agreed to shut her
ports against English prizes, but still refuses to accede to the
armed neutrality. Mr. Adams writes that the news of the fate
of the Quebec and Jamaica fleets arrived at London nearly
about the same time, and had a very serious effect on all ranks,
as well as on stocks and insurance.
Our information from the West Indies gives a melancholy
40 WORKS OF MADISON. 1780t
picture of the effects of the late tempest. Martinique has suf
fered very considerably, both in shipping and people. Not less
than six hundred houses have been destroyed in St. Vincent's.
The Spaniards in Cuba, also, have not escaped, and it is reported
that the fleet on its way from the Havannah to Pensacola has
been so disabled and dispersed as to defeat the expedition for the
present. On the other side, our enemies have suffered severely.
The Ajax, a ship of the line, and two frigates stationed off St.
Lucie, to intercept the Martinique trade, are certainly lost, with
the greatest part, if not the whole, of their crews; and there is
great reason to believe that several other capital ships that
have not been since heard of have shared the like fate. The
island of St. Lucie is totally defaced. In Barbadoes, also,
scarce a house remains entire, and one thousand live hundred
persons at least have perished. One of the largest towns in
Jamaica has been totally swept away, and the island otherwise
much damaged. The consequences of this calamity must afford
a striking proof to Great Britain of her folly in shutting our
ports against her West India commerce, and transferring the
advantage of our friendship to her enemies.
I am, Dr sir, yours sincerely.
TO THE HON. EDMUND PENDLETON.
PHILADELPHIA, December, 1780.
DEAR SIR, — I had the pleasure of yours of the 2d instant
yesterday. We have not heard a word of the fleet which lately
left the Chesapeake. There is little doubt that the whole of it
has gone to the southward.
Our intelligence from Europe confirms the accession of Por
tugal to the neutral league, so far at least as to exclude the
English from the privileges which their vessels of war have
hitherto enjoyed in her ports. The Ariel, commanded by P.
Jones, which had on board the clothing, &c., which has been
long expected from France, was dismasted a few days after she
1781. LETTERS. 41
sailed, and obliged to return into port; an event which must
prolong the sufferings which our army has been exposed to from
the delay of this supply.
Mr. Sartine, the Minister of the French Marine, has been
lately removed from the administration of that department.
His successor is the Marquis de Castries, who is held out to us
as a man of greater activity, and from whom we may hope for
more effectual co-operation.
An Irish paper informs us that Mr. Laurens was committed
to the Tower on the 6th of October, by the three Secretaries of
State, on suspicion of high treason. As the warrant, with the
names of the Secretaries subscribed, (with some other particu
lars,) is inserted, no hope remains of the fact being a forgery.
With very sincere regard, I am, Dr sir, your obt sert.
TO THE HON. EDMUND PENDLETON.
PHILADELPHIA, January 23, 1781.
DEAR SIR, — i have nothing new this week for you but two
reports ; the first is, that very great discontents prevail in New
York among the German troops, for causes pretty similar to
those which produced the eruption in the Pennsylvania line. It
is further said on this head, that a body of two hundred have
deserted from Long Island and gone to Rhode Island. The
other report is, that the British minister either has or proposes
to carry a bill into Parliament authorizing the commanding
officer in America to permit and promote a trade with us in
British goods of every kind, except linens and woollens. This
change of system is said to be the advice of some notable
refugees, with a view to revive an intercourse as far as possible
between the two countries, and particularly to check the habit
that is taking place in the consumption of French manufactures.
Whatever their public views may be, it is certain that such a
plan would open fine prospects to them in a private view.
We have received no fresh or certain information of the
42 WORKS OF MADISON. 1781
designs of F. and Spain in assembling so great a force at Ca
diz. There does not appear to be any object in that quarter
except Gibraltar. Should the attempts be renewed against
that place, it will prove that the former has not that absolute
sway, in the cabinet of the latter which has been generally
imagined. Nothing would have prevailed on the French to
recall their fleet from the islands at the time they did, but the
necessity of humoring Spain on the subject of her hobby-horse.
I am glad to hear that Arnold has been at last fired at. It
sounded a little unfavorably for us in the ears of people here
that he was likely to get off without that proof of a hostile
reception. If he ventures an irruption in any other quarter, I
hope he will be made sensible that his impunity on James river
was owing to the suddenness of his appearance, and not to the
want of spirit in the people.
I am, Dr sir, yours sincerely.
TO HON. EDMUND PENDLETON.
PHILADELPHIA, Febry, 1781.
DR Sm, — I have your favor of the 5th instant by the post.
Col. Harrison arrived here yesterday, and as he mentions no
circumstance which indicated an intended departure of the ene
my, I am afraid your intelligence on that subject was not well
founded. Immediately on the receipt of your former letter, re
lating to an exchange of C. Taylor, I applied to the Admiralty
Department, and if such a step can be brought about with
propriety, I hope he will be gratified; but considering the
tenor of their treatment of naval prisoners, and the resolutions
with which it has inspired Congress, I do not think it probable
that exchanges will go on easily; and if this were less the case,
a mere passenger, under the indulgence, too, of a parole, can
scarcely hope to be preferred to such as are suffering the utmost
hardships, and even made prisoners in public service.
A vessel arrived here a few days ago from Cadiz, which
1781. LETTERS. 43
brings letters of as late date as the last of December. Those
that are official tell us that England is making the most strenu
ous exertions for the current year, and that she is likely to be
but too successful in the great article of money. The Parlia
ment have voted 32,000 seamen; and a considerable land rein
forcement for their southern army in America is also said to be
in preparation.
Private letters by the same conveyance mention that the
blockade of Gibraltar is going on with alacrity, and that the
garrison is in such distress as flatters the hope of a speedy
capitulation.
If Mr. Pendleton, your nephew, is still with you, be pleased
to return him my compliments.
With great respect, I am, Dr sir, your obedient servant.
TO EDMUND RANDOLPH.
(Extract.)
PHILADELPHIA, May 1, 1781.
DEAR SIR, — A letter which I received a few days ago from
Mr. Jefferson gives me a hope that he will lend his succor in
defending the title of Virginia. He professes ignorance of the
ground on which the report of the committee places the contro
versy. I have exhorted him not to drop his purpose, and
referred him to you as a source of copious information on the
subject. I wish much you and he could unite your ideas on it.
Since you left us I have picked up several pamphlets which had
escaped our researches. Among them are the examination of
the Connecticut claim, and the charter of Georgia, bound up
with that of Maryland and four others. Presuming that a
better use will be made of them, I will send them by Mr. Jones,
requesting, however, that they may be returned by the hands of
him, Doctor Lee, or yourself, as the case may be.
44 WORKS OF MADISON. 1781<
TO PHILIP MAZZEI.
PHILADELPHIA, July 7, 1781.
MY DEAR FRIEND, — I have received two copies of your favor
of the 7th of December last, and three of that of the 30th of
November preceding. Having neglected to bring with me from
Virginia the cypher concerted between you and the Executive,
I still remain ignorant of the paragraph in your last which I
suppose the best worth knowing.
The state of our affairs has undergone so many vicissitudes
since you embarked for Europe, and I can so little judge how
far you may have had intelligence of them, that I am at a loss
where I ought to begin my narrative. As the present posture
of them is the most interesting, I shall aim at nothing further
at present than to give you some idea of that, referring to past
events so far only as may be necessary to explain it.
The insuperable difficulties which opposed a general conquest
of America seemed as early as the year 1779 to have been felt
by the enemy, and to have led them into the scheme of directing
their operations and views against the Southern States only.
Clinton accordingly removed with the principal part of his
force from New York to South Carolina, and laid siege to
Charleston, which, after an honorable resistance, was compelled
to surrender to a superiority of force. Our loss in men, besides
the inhabitants of the town, was not less than two thousand.
Clinton returned to New York. Cornwallis was left witli
about five thousand troops to pursue his conquests. General
Gates was appointed to the command of the Southern depart
ment, in place of Lincoln, who commanded in Charleston at the
time of its capitulation. He met Cornwallis on the 16th of
August, 1780, near Camden, in the upper part of South Caro
lina and on the border of North Carolina. A general action
ensued, in which the American troops were defeated with con
siderable loss, though not without making the enemy pay a
good price for their victory. Cornwallis continued his progress
into North Carolina, but afterwards retreated to Camden.
The defeat of Gates was followed by so general a clamor
1781. LETTERS. 45
against him, that it was judged expedient to recall him. Greene
was sent to succeed in the command. About the time of his
arrival at the army, Cornwallis, having been reinforced from
New York, resumed his enterprise into North Carolina. A.
detachment of his best troops was totally defeated by Morgan
with an inferior number, and consisting of a major part of mil
itia detached from Greene's army. Five hundred were made
prisoners, between two and three hundred killed and wounded,
and about the like number escaped. This disaster, instead of
checking the ardor of Cornwallis, afforded a new incentive to a
rapid advance, in the hope of recovering his prisoners. The
vigilance and activity, however, of Morgan, secured them.
Cornwallis continued his pursuit as far as the Dan river, which
divides North Carolina' from Virginia. Greene, whose inferior
force obliged him to recede this far before the enemy, received
such succors of militia on his entering Virginia that the chase
was reversed. Cornwallis, in his turn, retreated precipitately.
Greene overtook him on his way to Wilmington, and attacked
him. Although the ground was lost on our side, the British
army was so much weakened by the loss of five or six hundred
of their best troops, that their retreat towards Wilmington
suffered little interruption. Greene pursued as long as any
chance of reaching his prey remained, and then, leaving Corn
wallis on his left, took an oblique direction towards Camden,
which, with all the other posts in South Carolina except
Charleston and Ninety-Six, have, in consequence, fallen again
into our possession. His army lay before the latter when we
last heard from him. It contained seven or eight hundred men
and large quantities of stores. It is nearly two hundred miles
from Charleston, and, without some untoward accident, cannot
fail of being taken. Greene has detachments all over South
Carolina, some of them within a little distance of Charleston;
and the resentments of the people against their late insolent
masters ensure him all the aids they can give in re-establishing
the American Government there. Great progress is also ma
king in the redemption of Georgia.
As soon as Cornwallis had refreshed his troops at Wilming-
4(5 WORKS OF MADISON. 1781.
ton, abandoning his Southern conquests to their fate, he pushed
forward into Virginia. The parricide Arnold had a detach
ment at Portsmouth when he lay on the Dan; Philips had rein
forced him so powerfully from New York, that the junction of
the two armies at Petersburg could not be prevented. The
whole force amounted to about six thousand men. The force
under the Marquis De La Fayette, who commanded in Virginia,
being greatly inferior, did not oppose them, but retreated into
Orange and Culpeper in order to meet General Wayne, who
was on his way from Pennsylvania to join him. Cornwallis
advanced northward as far as Chesterfield, in the county of
Caroline, having parties at the same time at Page's warehouse
and other places in its vicinity. A party of horse, commanded
by Tarleton, was sent with all the secrecy and celerity possible
to surprise and take the General Assembly and Executive who
had retreated from Richmond to Charlottesville. The vigilance
of a young gentleman who discovered the design and rode ex
press to Charlottesville prevented a complete surprise. As it
was, several Delegates were caught, and the rest were within
an hour of sharing the same fate. Among the captives was
Colonel Lyon of Hanover. Mr. Kinlock, a member of Con
gress from South Carolina, was also caught at Mr. John
Walker's, whose daughter he had married some time before.
Governor Jefferson had a very narrow escape. The members
of the Government rendezvoused at Stanton, where they soon
made a House. Mr. Jefferson's year having expired, he declined
a re-election, and General Nelson has taken his place. Tarle-
ton's party retreated with as much celerity as it had advanced.
On the junction of Wayne with the Marquis and the arrival of
militia, the latter faced about and advanced rapidly on Corn
wallis, who retreated to Richmond, and thence precipitately to
Williamsburg, where he lay on the 27th ultimo. The Marquis
pursued, and was at the same time within twenty miles of that
place. One of his advanced parties had had a successful skir
mish within six miles of Williamsburg. Bellini has, I under
stand, abided patiently in the college the dangers and incon
veniences of such a situation. I do not hear that the consequences
1781. LETTERS. 47
have condemned the experiment. Such is the present state of
the war in the Southern Department. In the Northern, the
operations have been for a considerable time in a manner sus
pended. At present, a vigorous siege of New York by General
Washington's army, aided by five or six thousand French troops
under Count De Rochambeau, is in contemplation, and will soon
commence. As the English have the command of the water,
the result of such an enterprise must be very uncertain. It is
supposed, however, that it will certainly oblige the enemy to
withdraw their force from the Southern States, which may be a
more convenient mode of relieving them than by marching the
troops from New York at this season of the year to the south
ward. On the whole, the probable conclusion of this campaign
is, at this juncture, very flattering, the enemy being on the
defensive in every quarter.
The vicissitudes which our finances have undergone are as
great as those of the war, the depreciation of the old conti
nental bills having arrived at forty, fifty, and sixty for one.
Congress, on the 18th of March, 1780, resolved to displace
them entirely from circulation, and substitute another currency,
to be issued on better funds, and redeemable at a shorter period.
For this purpose, they fixed the relative value of paper and
specie at forty for one; directed the States to sink by taxes the
whole two hundred millions in one year, and to provide proper
funds for sinking in six years a new currency which was not
to exceed ten millions of dollars, which was redeemable within
that period, and to bear an interest of five per cent., payable in
bills of exchange on Europe or hard money. The loan-office
certificates granted by Congress are to be discharged at the
value of the money at the time of the loan; a scale of depre
ciation being fixed by Congress for that purpose. This scheme
has not yet been carried into full execution. The old bills are
still unredeemed, in part, in some of the States, where they have
depreciated to two, three, and four hundred for one. The new
bills, which were to be issued only as the old ones were taken
in, are consequently in a great degree still unissued; and the
depreciation which they have already suffered has determined
48 WORKS OF MADISON. 178L
Congress and the States to issue as few more of them as possi
ble. We seem to have pursued our paper projects as far as
prudence will warrant. Our medium in future will be princi
pally specie. The States are already levying taxes in it. As
the paper disappears, the hard money comes forward into circu
lation. This revolution will also be greatly facilitated by the
influx of Spanish dollars from the Havannah, where the Spanish
/orces employed against the Floridas * consume immense quan
tities of our flour, and remit their dollars in payment. We
also receive considerable assistance from the direct aids of our
ally, and from the money expended among us by his auxiliary
troops. These advantages, as they have been and are likely to
be improved by the skill of Mr. Robert Morris, whom we have
constituted minister of our finances, afford a more flattering
prospect in this department of our affairs than has existed at
any period of the war.
The great advantage the enemy have over us lies in the
superiority of their navy, which enables them continually to
shift the war into defenceless places, and to weary out our
troops by long marches. The squadron sent by our ally to our
support did not arrive till a reinforcement on the part of the
enemy had counteracted their views. They have been almost
constantly blocked up at Rhode Island by the British fleet.
The effects of a hurricane in the last spring on the latter gave
a temporary advantage to the former, but circumstances delayed
the improvement of it till the critical season was past. Mr.
Destouches, who commanded the French fleet, nevertheless
hazarded an expedition into Chesapeake bay. The object of it
was to co-operate with the Marquis de la Fayette in an attack
against Arnold, who lay at Portsmouth with about fifteen hun
dred British troops. Had he got into the bay, and taken a
favorable station, the event would certainly have been adequate
to our hopes. Unfortunately, the British fleet, which followed
the French immediately from Rhode Island, reached the capes
of Virginia first. On the arrival of the latter, a regular and
* They have lately taken West Florida with a garrison of 1,500 troops.
1781. LETTERS. 49
fair combat took place. It lasted for several hours, and ended
rather in favor of our allies. As the enemy, however, were
nearest the capes, and one of the French ships had lost hei
rudder, and was otherwise much damaged, the commander
thought it best to relinquish his object, and return to his former
station. The damage sustained by the enemy, according to
their own representation, exceeded that of the French; and as
their number of ships and weight of metal were both superior,
it does great honor to the gallantry and good conduct of Mr.
Destouches. Congress, and indeed the public at large, were so
sensible of this, that their particular thanks were given him on
the occasion.
No description can give you an adequate idea of the barbarity
with which the enemy have conducted the war in the Southern
States. Every outrage which humanity could suffer has been
committed by them. Desolation rather than conquest seems to
have been their object. They have acted more like desperate
bands of robbers or buccaneers than like a nation making war
for dominion. Negroes, horses, tobacco, <fcc., not the standards
and arms of their antagonists, are the trophies which display
their success. Eapes, murders, and the whole catalogue of
individual cruelties, not protection and the distribution of
justice, are the acts which characterize the sphere of their
usurped jurisdiction. The advantage we derive from such pro
ceedings would, if it were purchased on other terms than the
distresses of our citizens, fully compensate for the injury accru
ing to the public. They are a daily lesson to the people of the
United States of the necessity of perseverance in the contest;
and wherever the pressure of their local tyranny is removed,
the subjects of it rise up as one man to avenge their wrongs
and prevent a repetition of them. Those who have possessed
a latent partiality for them, as their resentment is embittered
by their disappointment, generally feel most sensibly their
injuries and insults, and are the foremost in retaliating them.
It is much to be regretted that these things are so little known
in Europe. Were they published to the world in their true
colors, the British nation would be hated by all nations as much
VOL. i. 4
50 WORKS OF MADISON. i7S1.
as they have heretofore been feared by any, and all nations
would be sensible of the policy of abridging a power which
nothing else can prevent the abuse of.
TO COL. JAMES MADISON.
PHILADELPHIA, August 1, 1781.
We have heard little of late from Europe, except that the
mediation proffered by Russia in the dispute between England
and Holland has been referred by the former to the general
pacification, in which the mediation of the Emperor will be
joined with that of Russia. As this step is not very respectful
to Russia, it can only proceed from a distrust of her friendship,
and the hopes entertained by Britain as to the issue of the cam
paign, which, as you will see in an intercepted letter from Ger-
maine to Clinton, were extravagantly sanguine. We have no
late intelligence from the West Indies. General Washington
is going on with his preparations and operations against New
York. What the result will be can be decided by time alone.
We hope they will at least withdraw some of the invaders from
Virginia. The French fleet is still at Rhode Island. The
British, it is reported, has lately left the Hook.
August 2. — Information has been received from New York,
through a channel which is thought a good one, that orders are
gone to Virginia for a large part of the troops under Corn-
wallis immediately to sail for that place. Should this be well
founded, the execution of the orders will announce it to you.
Among other advantages attending an evacuation of Virginia,
it will not be the least that the communication with this place
by the bay will supply the State with many necessary articles
which are now transported by land at so much expense, and
will enable you to pay for them easier by raising the price of
your commodities. It gives me pain to hear that so many of
the people have incautiously sold, or rather given away, their
tobacco to speculators, when it was in no danger from the
enemy. The destruction of that article, which alarmed them,
1781. LETTERS. 51
was an obvious cause of its future rise, and a reason for their
retaining it till the alarm should be over. Goods of all kinds,
particularly dry goods, are rising here already. Salt, in par
ticular, has risen within a few days from two dollars to a guinea
per bushel.
TO THE HON. EDMUND PENDLETON.
PHILA, September 18, 1781.
DEAR Sm, — I was yesterday favored with yours of the 10th
instant. The various reports arrived of late from the Chesa
peake prepared us for a confirmation from our correspondents
of a fortunate rencontre between the two fleets. A continua
tion of these reports, although unsupported by any authentic
evidence, still keeps up the public anxiety. We have not heard
a word of De Banes. The arrival of Digby is far from being
certain, and the circulating reports have reduced his force to
six ships of the line. The preparations at New York for some
movement are pretty well attested. The conjectures of many
are directing it against this city, as the most practicable and
important object within the reach of Clinton. The successful
blow struck by the parricide Arnold against the town of New
London is described, as far as the particulars are known here,
in the enclosed Gazette. There have been several arrivals of
late from Europe with very little intelligence of any kind, and
with none from official sources. It all relates to the junction
of the French and Spanish fleets, for the purpose of renewing
the investiture of Gibraltar, and enterprising something against
Minorca. Thus the selfish projects of Spain not only withhold
from us the co-operation of their armaments, but divert in part
that of our allies; and yet we are to reward her with a cession
of what constitutes the value of the finest part of America.
General Washington and the Count de Rochambeau, with
the forces under them, have, I presume, by this time, got within
Virginia. This revolution in our military plan cannot fail to
produce great advantages to the Southern department, and par-
52 WORKS OF MADISON. 1781.
ticularly to Virginia, even if the immediate object of it should
be unexpectedly frustrated. The presence of the Commander-
in-chief, with the proportion of our force which will always
attend him, will better protect the country against the depreda
tions of the enemy, although he should be followed by troops
from New York which would otherwise remain there, than it
has hitherto been; will leave the militia more at leisure to pur
sue their occupations, at the same time that the demands of the
armies will afford a sure market for the surplus provisions of
the country; will diffuse among them a share of the gold and
silver of our ally, and, I may now say, of our own, of which
their Northern brethren have hitherto had a monopoly, which
will be peculiarly grateful to them after having been so long
gorged with depreciating paper; and as we may suppose that
the ships of our ally allotted for our service will, so long as his
troops remain in the United States, be kept in the Chesapeake,
it will revive the trade through that channel, reduce the price
of imported necessaries, and raise the staple of the country once
more to its proper value.
I am, Dr Sir, your sincere friend, and obt servt.
TO THE HON. EDMUND PENDLETON.
PHILA, October 2, 1781.
DEAE SIR, — Yours of 24th ultimo came safe by yesterday's
post. In addition to the paper of this day, I enclose you two
of the preceding week, in one of which you will find a very
entertaining and interesting speech of Mr. Fox, and in the other,
a handsome forensic discussion of a case important in itself,
and which has some relation to the State of Virginia.
Our intelligence from N. York through several channels con
firms the sufferings of the British fleet from their rash visit to
the capes of the Chesapeake. The troops which were kept in
transports to await that event have, since the return of the
fleet, been put on shore on Staten Island. This circumstance
1781. LETTERS. 53
has been construed into a preliminary to an expedition to this
city, which had revived, till within a few days, the preparations
for a militia opposition, but is better explained by the raging
of a malignant fever in the city of N. York. Digby, we hear,
is now certainly arrived, but with three ships of the line only.
It is given out that three men with a large number of transports
came with him, and that they only lay back till it was known
whether they could proceed to N. Y. with safety. This is not
improbably suspected to be a trick to palliate the disappoint
ment and to buoy up the sinking hopes of their adherents, the
most staunch of whom give up Lord Cornwallis as irretrieva
bly lost.
We have received some communications from Europe relative
to the general state of its affairs. They all centre in three
important points. The first is the obstinacy of Great Britain;
the second, the fidelity of our ally; and the third, the absolute
necessity of vigorous and systematic preparations for war on
our part, in order to insure a speedy, as well as favorable
peace. The wisdom of the Legislature of Virginia will, I flatter
myself, not only prevent an illusion from the present brilliant
prospects, but take advantage of the military ardor and san
guine hopes of the people to recruit their line for the war. The
introduction of specie will also, I hope, be made subservient to
some salutary operations in their finances. Another great
object, which, in my opinion, claims an immediate attention
from them, is some liberal provision for extending the benefits
of government to the distant parts of the State. I am not able
to see why this cannot be done so as fully to satisfy the exigen
cies of the people, and at the same time preserve the idea of
unity in the State. Any plan which divides in any manner the
sovereignty may be dangerous, and precipitate an evil which
ought, and may at least, be long procrastinated. The adminis
tration of justice, which is the capital branch, may certainly be
diffused sufficiently, and kept in due subordination in every part
to one supreme tribunal. Separate boards for crediting [audit
ing?] accounts may also be admitted with safety and propriety.
The same as to a separate depository for the taxes, &c., and as
54 WORKS OF MADISON. 1781,
to a land office. The military powers of the Executive may well
be intrusted to militia officers of rank, as far as the defence of
the country and the custody of military stores make it neces
sary. A complete organization of the militia, in which general
officers would be erected, would greatly facilitate this part of the
plan. Such an one, with a council of field officers, might exer
cise, without encroaching on the constitutional powers of the
supreme Executive, all the powers over the militia which any
emergency could demand.
I am, Dr Sir, yours sincerely.
TO THE HON. EDMUND PENDLETON.
PHILA? Oct. 9. 1781.
DEAR SIR, — Having sent you the arguments on one side of
the judiciary question relating to the property of Virginia
seized by Mr. Nathan, it is but reasonable that you should see
what was contended on the other side. With this view, although
I in some measure usurp the task of Mr. Jones, I enclose the
paper of Wednesday last. As it may escape Mr. Jones, I also
enclose a copy of Mr. Adams's memorial to the States general.
I wish I could have informed you of its being lodged in the
archives of their High Mightinesses instead of presenting it to
you in print.
I am, Dr Sir, ys affectionately.
TO THE HON. EDMUND PENDLETON.
(In answer to Mr. P's, Sth Oct.)
PHILA, Oct. 16thf 1781.
DEAR SIR, — When you get a sight of the resolution of the
General Assembly, referred to in your favor of the 8th, you
will readily judge from the tenor of it what steps would be
taken by the Delegates. It necessarily submitted the fate of
1781. LETTERS. 55
the object in question to the discretion and prospects of the
gentleman whom reports, it seems, have arraigned to you, but
who, I am bound in justice to testify, has entirely supported the
character which he formerly held with you.* I am somewhat
surprised that you never had before known of the Resolution
just mentioned, especially as, what is indeed much more sur
prising, it was both debated and passed with open doors and a
full gallery. This circumstance alone must have defeated any
reservations attached to it.
The N. York papers and the intelligence from thence make it
evident that they have no hope of relieving Cornwallis, unless
it can be effected by some desperate naval experiment, and that
such an one will be made. Their force will probably amount
to twenty-six sail of the line, and if we are not misinformed as
to the late arrival of three ships of the line, to twenty-nine sail.
The superiority still remaining on the part of our allies, and the
repeated proofs given of their skill and bravery on the water,
forbid any apprehension of danger. At the same time, we can
not help calculating that every addition to the British force
proportionally diminishes the certainty of success. A fleet of
provisions amounting to about sail, convoyed by a
forty-four and two frigates, have arrived at N. Y. within the
week past.
Having sent all the papers containing the proceedings on the
case of Mr. N. against Virga, as they came out, I shall, to com
plete your view of it, add the last effort in his favor published
in the enclosed No. of the Freeman's Journal. I am told, how
ever, that the publisher ought to have subjoined that the Privy
Council interposed, and directed restitution of the King of
Spain's effects.
I am, Dr Sir, yrs affly.
* Mr. Jay, Minister to Spain.
WORKS OF MADISON. 1781.
TO THE HON. EDMUND PENDLETON.
PHILA, Nov. 27th, 1781.
DEAR SIR, — Your favor of the 19th inst. came to hand yes
terday. On the same evening arrived our illustrious general,
returning to his position on the North river. We shall prob
ably, however, have his company here for some days at least,
where he will be able to give Congress very seasonable aid in
settling the military establishment for the next year, about
which there is some diversity of opinion. Whatever the total
requisition of men may be on the States, I cannot but wish that
Virginia may take effectual measures for bringing into the field
her proportion of men. One reason for this wish is the calum
nies which her enemies ground on her present deficiency ; but
the principal one is the influence that such an exertion may
have in preventing insults and aggressions, from whatever
quarter they may be meditated, by shewing that we are able to
defy them.
The Delegates have lately transmitted to the Governor, for
the Assembly, all the proceedings which have taken place on
the subject of the Territorial cessions. The tenor of them, and
the reception given them by the Assembly, will, I doubt not, be
communicated to you by some of your correspondents in it.
There is pretty good reason to believe that a descent on
Minorca has actually taken place. It is a little problematical
with me whether successes against Great Britain in any other
(juarter except America tend much to hasten a peace. If they
increase her general distress, they at the same time increase
those demands against her which are likely to impede negotia
tions, and her hopes from the sympathy of other powers. They
are favorable to us, however, in making it more the interest of
all the belligerent powers to reject the uti possidetis as the
basis of a pacification.
The report of Rodney's capture never deserved the attention,
it seems, which was given to it.
I am, Dr Sir, yrs sincerely.
1781. LETTEES. 57
TO THE HON. EDMUND PENDLETON.
PHIL., Dec. llth, 1781.
DR SIR, — I am favored with yours of the 3d instant. Other
letters by the same conveyance confirm your report of the elec
tion of Mr. Harrison to the chief magistracy. Several other
appointments are mentioned which I make no doubt are all
well known to you.
On whichever side Mr. Deane's letters are viewed, they pre
sent mysteries. Whether they be supposed genuine or spurious,
or a mixture of both, difficulties which cannot well be answered
may be started. There are, however, passages in some of them
which can scarcely be imputed to any other hand. But it is
unnecessary to rely on these publications for the real character
of the man. There is evidence of his obliquity which has for a
considerable time been conclusive.
Congress have not resumed their proceedings on the Western
business. They have agreed on a requisition on the States for
8,000,000 of dollars, and a completion of their lines according
to the last establishment of the army. We endeavored, though
with very little effect, to obtain deductions in the first article
from the quota of Virginia, but we did not oppose the aggregate
of the demand in either. If we do not obtain a sufficiency of
men and money from the States by regular and duly-appointed
calls, we know by experience that the burden of the war will
fall on the resources of the States which happen to be the sub
ject of it.
Mr. Moore, late Vice President, has been elected President of
this State in place of Mr. Reed, whose period of eligibility was
out.
I am, dr sir, yours.
58 WORKS OF MADISON.
TO THE HON. EDMUND PENDLETON.
PHILA, Dec. 25th, 1781.
DEAR SIR, — You only do me justice in ascribing your dis
appointment in the part of the week preceding your favor of
the 16th instant to some other cause than my neglect. If I
were less disposed to punctuality, your example would preserve
me from transgressing it. As the last letter went to the post-
office here, and you did not receive it from the post in Virginia,
the delinquency must have happened in that line. It is, how
ever, I believe, of little consequence, as I do not recollect that
anything material has been contained in my letters for several
weeks, any more than there will be in this, in which I have
little else to say than to tender you the compliments of the day.
Perhaps, indeed, it will be new to you what appeared here in a
paper several days ago, that the success of Commodore John-
stone in taking five Dutch East Indiamen, homeward bound,
and destroying a sixth, is confirmed. Whatever may be thought
of this stroke of fortune by him and his rapacious crew, the
Ministry will hardly think it a compensation to the public for
the danger to which the remains of their possessions in the East
will be exposed by the failure of his expedition.
It gives me great pleasure to hear of the honorable acquittal
of Mr. Jefferson. I know his abilities, and I think I know his
fidelity and zeal for his country so well, that I am persuaded it
was a just one. We are impatient to know whether he will
undertake the new service to which he is called.
I am, Dr Sir, yrs affectionately.
TO JAMES MADISON, ESQ.
Feb. 12th, 1782.
HOND SIR,—
The disappointment in forwarding the money by Mr. Brown-
low has been sorely felt by me, and the more so as the Legisla-
1782. LETTERS. 59
ture has made no provision for the subsistence of the Delegates
that can be relied on. I hope some opportunity will soon put it
in your power to renew the attempt to transmit it, and that the
delay will have made considerable addition to it. Besides the
necessity of this supply for the common occasions, I have fre
quent opportunities here of purchasing many scarce and neces
sary books at a fourth of the price which, if to be had at all,
they will hereafter cost me. If an immediate conveyance does
not present itself for the cash, I would recommend that a bill
of exchange on some merchant here be got of Mr. Hunter, Mr.
Maury, or other respectable merchant, and forwarded by the
post. This is a safer method than the first, and I make no
doubt is very practicable. I wish, at all events, the trial to be
made, and that speedily.
I recollect nothing new which is not contained in some of the
late papers.
Present my affectionate regards to all the family. I have not
time to add more than that I am,
Your dutiful son.
TO COL. JAMES MADISON.
PHILADELPHIA, March 30th. 1782.
HOND SIR, — The newspapers will give you in general the in
telligence we have from Europe. As far as we are enabled to
judge of the views of the British Cabinet, the misfortunes of
one more campaign, at least, will be necessary to conquer their
obstinacy. They are attempting a separate peace with the
Dutch, and talk of suspending their offensive war against us,
and directing their whole resources against the naval power of
France and Spain. If this be their real plan, we may be sure
they do mean by it not to abandon their pretensions to the
United States, but try another mode for recovering them. Dur
ing their offensive exertions against our Ally, they can be prac
ticing insidious ones against us; and if in the first they should
60 WORKS OF MADISON. 1782.
be successful, and in the latter disappointed, a renewal of a
vigorous war upon us will certainly take place. The best
security against every artifice and every event will be such
military preparations on our part as will be sufficient either to
resist or expel them, as the case may require.
TO JAMES MADISON, ESQ.
PHILADELPHIA, May 20th, 1782.
HOND SIR, — Having written a letter and enclosed it with
a large collection of newspapers for you, which was to have
been carried by Mr. J. Smith, but which I have now put into
the hands of Captain Walker, whose return will be quicker,
little remains for me to add here.
Our anxiety on account of the West India news, published at
New York, is still supported by contradictory reports and con
jectures. The account, however, to which Rodney's name is
prefixed, renders our apprehensions too strong for our hopes.
Rivington has been very bold in several of his spurious publica
tions, and at this conjuncture might venture as far to serve a
particular turn as at any. But it is scarcely credible that he
would dare or be permitted to sport with so high an official
name.
If Mr. Jefferson will be so obliging as to superintend the
legal studies of William, I think he cannot do better than pro
secute the plan he has adopted. The interruption occasioned
by the election* of Mr. J., although inconvenient in that respect,
is by no means a decisive objection against it.
I did not know before that the letters which Mr. Walker was
to have carried last fall had met with the fate which it seems
they did. I shall be more cautious hereafter. The papers
missing in your list were, I presume, for I do not recollect, con
tained in them.
If Continental money passes here at all, it is in a very small
* Mr. Jefferson had just been elected to the Legislature of the State from the
county of Albemarle.
1783. LETTERS. Q\
quantity, at very great discount, and merely to serve particular
local and temporary ends.
It lias at no time been more difficult for me to fix my probable
return to Virginia. At present all my colleagues have left
Congress except Colonel Bland, and it is a crisis which calls
for a full representation from every State. Anxious as I am to
visit my friends, as long as I sustain a public trust I shall feel a
principle which is superior to it.
TO JAMES MADISON, ESQ.
Jan. 1st, 1783.
HoxDSm— * * * * * *
The negotiations for peace are said to be going on under the
late commission to Mr. Oswald, which authorizes him to treat
with commissioners from the thirteen United States. Mr. Jeffer
son will depart in a little time, in order to give his aid in case
it be in season. The insidiousness and instability of the British
Cabinet forbid us to be sanguine, especially as the relief of
Gibraltar was posterior to Oswald's commission, and the in
terests to be adjusted among the belligerent parties are ex
tremely complicated.
I am, with great affection, your dutiful son.
TO JAMES MADISON, ESQ.
PHILADELPHIA, Feb. 12th, 1783.
HON'Sm— * * * * * *
I readily suppose, from the reports prevalent here, that some
information on the subject of peace will be expected, and I wish
it were in my power to gratify you. The truth is, we are in
nearly as great uncertainty here as you can be. Every day,
almost, brings forth some fresh rumor, but it is so mingled with
mercantile speculations that little faith is excited. The most
favorable evidence on the side of peace seems to be a material
62 WORKS OF MADISON. 1783.
fall in the price of imported goods; which, considering the
sagacity and good intelligence of merchants, is a circumstance
by no means to be despised. A little time will probably decide
in the case, when I shall follow this with something more satis
factory.
In the mean time, I remain your affectionate son.
TO THOMAS JEFFERSON, ESQ.
PHILADELPHIA, Feb. llth, 1783.
DEAR SIR, — Your favor of the 31st of January was safely
brought by Mr. Thompson. That of the 7th instant came by
yesterday's mail. The anecdote related in the first was new to
me,* and if there were no other key, would sufficiently decipher
the implacability of the party triumphed over. In answer to
the second, I can only say at this time, that I feel deeply for
your situation,t that I approve of the choice you have made
among its difficulties, and that every aid which can depend on
me shall be exerted to relieve you from them. Before I can
take any step with propriety, however, it will be expedient to
feel the sentiments of Congress, and to advise with some of my
friends. The first point may possibly be brought about by your
letter to the Secretary of Foreign Affairs, which I suppose came
too late yesterday to be laid before Congress, but which will,
no doubt, be handed in this morning.
The time of Congress since you left us has been almost exclu
sively spent on projects for a valuation of the land, as the
federal articles require, and yet I do not find that we have got
an inch forward towards the object. The mode of referring
the task to the States, which had at first the warmest and most
numerous support, seems to be in a manner abandoned, and
* The anecdote referred to an occurrence between Dr. Franklin and Arthur
Lee.
f Untoward detention at Annapolis, whither Mr. Jefferson had gone to embark
for Europe as one of the commissioners to treat of peace.
1783. LETTERS. 63
nothing determinate is yet offered on the mode of effecting it
without their intervention. The greatest misfortune, perhaps,
attending the case is, that a plan of some kind is made an indis
pensable preliminary to any other essay for the public relief. I
much question whether a sufficient number of States will be
found in favor of any plan that can be devised, as I am sure
that in the present temper of Congress a sufficient number
cannot, who will agree to toll their constituents that the law
of the Confederation cannot be executed, and to propose an
amendment of it.
Congress yesterday received from Mr. Adams several letters
dated September, not remarkable for anything unless it be a
fresh display of his vanity, and prejudice against the French
court, and his venom against Doct. Franklin. Other prepara
tions for the post do not allow me to use more cypher at present.
I have a letter from Randolph dated February 1, confirming
the death of his aunt. You are acquainted, no doubt, with the
course the estate is to take. He seems disposed, in case he can
make a tolerable compromise with his father's creditors, to
resign his appointment under the State, and go into the Legis
lature. His zeal for some Continental arrangement as essential
for the public honor and safety forms at least one of his
motives, and I have added all the fuel to it in my power.
My neglect to write to you heretofore has proceeded from a
hope that a letter would not find you at Baltimore, and no sub
ject has occurred for one of sufficient importance to follow you.
You shall henceforward hear from me as often as an occasion
presents, until your departure forbids it.
The ladies and gentlemen to whom I communicated your
respects return them with equal sincerity, and the former, as
well as myself, very affectionately include Miss Patsy in the
object of them.
I am, dear sir, your sincere friend.
64 WORKS OF MADISON. 1783.
TO GENERAL WASHINGTON.
PHILADELPHIA, April 29th, 1783.
SIR, — I have been honored with your Excellency's favor of
the 22d instant, bearing testimony to the merits and talents of
Mr. McHenry. The character which I had preconceived of this
gentleman was precisely that which your representation has
confirmed. As Congress have not yet fixed the peace establish
ment for their foreign affairs, and will not probably fill up
vacancies, unless there be some critical urgency, until such an
establishment be made, it is uncertain when an opportunity will
present itself of taking into consideration the wishes and merits
of Mr. McHenry. Should my stay here be protracted till that
happens, which I do not at present expect, I shall feel an addi
tional pleasure in promoting the public interest from my knowl
edge that I at the same time fulfil both your Excellency's
public judgment and private inclination.
TO JAMES MADISON, ESQ.
PHTLA., May 27, 1783.
HONDSIR— * * * * *
I have hitherto not been inattentive to the request of Mrs.
J., and shall, in consequence of your letter, renew my efforts
for the books, which the return of peace renders more likely to
be attainable for her. I see few books in the catalogue which
you have sent which are worth purchasing, but I will peruse it
more carefully, and send you the titles of such as I may select.
I received a letter from Mr. Joseph Chew a few days ago, by
which, and the information of Colonel Wadsworth, who brought
it and is a friend of his, I find that he is in New York with his
family; that they are all well ; that he continues as yet to hold
a post which supports them comfortably; that although he has
enjoyed opportunities of honestly laying up profits, his gene
rosity of temper has prevented it. I cannot learn whether he
proposes to remain in this country or not, but am inclined to
1783. LETTERS. Co
think he will go to Canada, where he has some little expecta
tions. He seems to be exceedingly anxious to hear of his
friends in Virginia, and I have written as fully to him on the
subject as my knowledge would admit. I wish some of his
friends on the spot, and particularly yourself, would write to
him. Besides the information he would receive, it would be a
pleasing proof to him that he still retained a place in their
remembrance and regards.
We are without information of late as to the progress of the
definitive treaty, and of the bill in the British Parliament for
opening trade with the United States. The confusions pro
duced in their counsels by the long suspension of the Ministry
seem to put everything to a stand. The paper which I enclose
will give you the latest information on that subject.
Yr dutiful son.
TO JAMES MADISON, ESQ.
PIHLA., June 5, 1783.
HOND SIB, — By the post preceding the last, I answered yours
of the 16th, addressing it to the care of Mr. Maury. I was
prevented by more necessary writing from enclosing the pa
pers again by the last post, as I had intended. I now supply
the omission by two gentlemen going to Fredericksburg. All
the news we have received is contained in them, and respects
solely the arrangement which is at length made of a British
Ministry.
Having sent several copies of the pamphlet of Congress on
the subject of revenue, &c., which I suppose will be transcribed
in the Virginia gazettes, I shall add nothing on that subject,
presuming that you will, through some channel or other, obtain
a sight of these proceedings. I enclose a memorandum of the
books which I wish you to select from Dr. Hamilton's catalogue.
I shall take care not to disappoint you of the chair which I
promised to bring with me. The time of my setting out is as
VOL. i. 5
66 WORKS OF MADISON. 1784.
uncertain as at the date of my last ; but it will certainly take
place before the Fall.
Remember me affly to my mother and all the family, and be
assured that I am, your dutiful son.
TO EDMUND RANDOLPH.
ORANGE, March 10th. 1784.
MY DEAR FRIEND, — Your favor of the 27th January was
safely delivered to me about a fortnight ago, and was received
with the greater pleasure, as it promises a continuance of your
friendly attention. I am sorry that my situation enables me to
stipulate no other return than sincere and thankful acknowl
edgments.
On my arrival here, which happened early in December, I
entered, as soon as the necessary attentions to my friends
admitted, on the course of reading which I have long meditated.
Coke Littleton, in consequence, and a few others from the same
shelf, have been my chief society during the winter. My pro
gress, which in so short a period could not have been great
under the most favorable circumstances, has been much retarded
by the want of some important books, and still more by that of
some living oracle for occasional consultation. But what will
be most noxious to my project, I am to incur the interruptions
which will result from attendance in the Legislature, if the
suffrage of my county should destine me for that service, which
I am made to expect will be the case. Among the circum
stances which reconcile me to this destination, you need not bo
assured that the opportunity of being in your neighborhood has
its full influence.
I have perused, with both pleasure and edification, your ob
servations on the demand made by the Executive of South Caro
lina of a citizen of this State. If I were to hazard an opinion
after yours, it would be that the respect due to the chief magis
tracy of a Confederate State, enforced as it is by the Articles of
1784. LETTERS. 67
Union, requires an admission of the fact as it lias been repre
sented. If the representation be judged incomplete or ambig
uous, explanations may certainly be called for; and if, on a
final view of the charge, Virginia should hold it to be not a
casus fcede-ris, she will be at liberty to withhold her citizen, (at
least upon that ground,) as South Carolina will be to appeal to
the tribunal provided for all controversies among the States.
Should the law of South Carolina happen to vary from the
British law, the most difficult point of discussion, I apprehend,
will be, whether the terms " treason/' &c., are to be referred to
those determinate offences so denominated in the latter code, or
to all those to which the policy of the several States may annex
the same titles and penalties. Much may be urged, I think,
both in favor of and against each of these expositions. The
two first of those terms, coupled with " breach of the peace,"
are used in the 5th article of the Confederation, but in a way
that does not clear the ambiguity. The truth, perhaps, in this
as in many other instances, is, that if the compilers of the text
had severally declared their meanings, these would have been
as diverse as the comments which will be made upon it.
Waiving the doctrine of the Confederation, my present view
of the subject would admit few exceptions to the propriety
of surrendering fugitive offenders. My reasons are these: 1.
By the express terms of the Union, the citizens of every State
are naturalized within all the others, and being entitled to the
same privileges, may with the more justice be subjected to the
same penalties. This circumstance materially distinguishes the
citizens of the United States from the subjects of other nations
not so incorporated. 2. The analogy of the laws throughout
the States, and particularly the uniformity of trial by juries of
the vicinage, seem to obviate the capital objections against
removal to the State where the offence is charged. In the
instance of continuous States, a removal of the party accused
from one to the other must often be a less grievance than what
happens within the same State when the place of residence and
the place where the offence is laid are at distant extremities.
The transportation to Great Britain seems to have been repro-
68 WORKS OF MADISON. 1784.
bated on very different grounds ; it would have deprived the
accused of the privilege of trial by jury of the vicinage, as well
as of the use of his witnesses, and have exposed him to trial in
a place where he was not even alledged to have ever made him
self obnoxious to it ; not to mention the danger of unfairness
arising from the circumstances which produced the regulation.
3. Unless citizens of one State transgressing within the pale
of another be given up to be punished by the latter, they cannot
be punished at all; and it seems to be a common interest of the
States that a few hours, or at most a few days, should not be
sufficient to gain a sanctuary for the authors of the numerous
offences below "high misdemesnors." In a word, experience
will shew, if I mistake not, that the relative situation of the
United States calls for a "Droit Public" much more minute than
that comprised in the federal articles, and which presupposes
much greater mutual confidence and amity among the societies
which are to obey it, than the law which has grown out of the
transactions and intercourse of jealous and hostile nations.
Present my respectful compliments to your amiable lady, and
accept the sincerest wishes for your joint happiness of
Your affec6 friend and obt servt.
P. S. By my Brother who is charged with this, I send Chas-
tellux's work, De la Felicite Publique, which you may perhaps
find leisure to run through before May; also a notable work of
one of the Representatives of the U. S. in Europe.
TO THOMAS JEFFERSON.
ORANGE, March 16th, 1784.
DEAR SIR, — Your favor of the 20th ult. came duly to hand a
few days ago.
I cannot apprehend that any difficulties can ensue in Europe
from the involuntary and immaterial delay of the ratification
of the peace, or if there should, that any imputations can be de-
LETTERS. 69
vised which will not be repelled by the collective force of the
reasons in the intended protest, some of which, singly taken, are
unanswerable. As you no doubt had recourse to authorities
which I have no opportunity of consulting, I probably err in
supposing the right of the Sovereign to reject the act of his
plenipotentiary to be more circumscribed than you lay it down.
I recollect well that an implied condition is annexed by the
usage of nations to a Plenipotentiary Commission, but should
not have extended the implication beyond cases where some
palpable and material default in the Minister could be alledged
by the Sovereign. Waiving some such plea, the language both
of the Commission and of reason seems to fix on the latter as
clear an engagement to fulfil his promise to ratify a treaty, as
to fulfil the promises of a treaty which he has ratified. In both
cases, one would pronounce the obligation equally personal to
the Sovereign, and a failure on his part, without some absolving
circumstance, equally a breach of faith.
The project of affixing the seal of the United States, by seven
States, to an act u'hick had been just admitted to require nine,
must have stood self-condemned; and though it might have pro
duced a temporary deception abroad, must have been imme
diately detected at home, and have finally dishonored the
federal counsels everywhere. The competency of seven States
to a Treaty of Peace has often been a subject of debate in Con
gress, and has sometimes been admitted into their practice, at
least so far as to issue fresh instructions. The reasoning em
ployed in defence of the doctrine has been, " that the cases which
require nine States, being exceptions to the general authority
of seven States, ought to be taken strictly; that in the enumera
tion of the powers of Congress in the first clause of article 9
of the Confederation, the power of entering into treaties and
alliances is contradistinguished from that of determining on
peace and war, and even separated by the intervening power of
sending and receiving ambassadors ; that the excepting clause,
therefore, in which ' Treaties and alliances ' ought to be taken
in the same confined sense, and in which the power of deter
mining on peace is omitted, cannot be extended by construction
70 WORKS OP MADISON. 1784.
to the latter power; that under such a construction five States
might continue a war which it required nine to commence,
though where the object of the war has been obtained, a con
tinuance must in every view be equivalent to a commencement
of it, and that the very means provided for preserving a state
of peace might thus become the means of preventing its restora
tion."
The answer to these arguments has been, that the construction
of the federal articles which they maintain is a nicety which
reason disclaims, and that if it be dangerous on one side to
leave it in the breast of five States to protract a war, it is
equally necessary on the other to restrain seven States from
saddling the Union with any stipulations which they may please
to interweave with a Treaty of peace. I was once led by this
question to search the files of Congress for such lights as the
history of the Confederation might furnish, and on a review
now of my papers, I find the evidence from that source to consist
of the following circumstances: In Doctor Franklin's "Sketch
of Articles of Confederation," laid before Congress on the 21st
day of July, 1775, no number beyond a majority is required in
any cases. In the plan reported to Congress by the Committee
appointed llth June, 1776, the general enumeration of the
powers of Congress in article 18 is expressed in a similar man
ner with the first clause in the present 9th article, as are the
exceptions in a subsequent clause of the 18th article of the
report, with the excepting clause as it now stands ; and yet in
the margin of the Report, and I believe in the same handwriting,
there is a " Qu. : If so large a majority is necessary in conclu
ding a Treaty of peace.7' There are sundry other marginal
queries in the report from the same pen.
Hence it would seem that, notwithstanding the preceding dis
crimination between the powers of " determining on peace" and
"entering into Treaties," the latter was meant by the Committee
to comprise the former. The next form in which the articles
appear is a printed copy of the Report as it had been previously
amended, with sundry amendments, erasures, and notes, on the
printed copy itself, in the hand of Mr. Thomson. In the printed
1784. LETTERS. 71
text of this paper, Art, 14, the phraseology which defines the
general powers of Congress is the same with that in Art. 18
of the manuscript report. In the subsequent clause requiring
nine States, the text as printed ran thus: " The United States
in Congress assembled shall never engage in a war, nor grant
letters of marque and reprisal in time of peace, nor enter into
any Treaties or alliances except for peace," the words except
for peace being erased, but sufficiently legible through the
erasure. The fair inference from this passage seems to be : 1.
That without those words nine States were held to be required
for concluding peace. 2. That an attempt had been made to
render seven States competent to such an act, which attempt
must have succeeded, either on a preceding discussion in Con
gress, or in a Committee of the whole, or a special committee.
3. That on fuller deliberation, the power of making Treaties of
peace was meant to be left on the same footing with that of
making all other Treaties. The remaining papers on the files
have no reference to this question.
Another question which several times during my service in
Congress exercised their deliberations was, whether seven States
could revoke a Commission for a Treaty issued by nine States,
at any time before the faith of the Confederacy should be
pledged under it. In the instance of a proposition in 1781 to
revoke a Commission which had been granted under peculiar
circumstances in 1779 to Adams, to form a treaty of commerce
with Great Britain, the competency of seven States was resolved
on, (by seven States indeed,) and a revocation took place ac
cordingly. It was, however, effected with much difficulty, and
some members of the minority even contested the validity of
the proceeding. My own opinion then was, and still is, that
the proceeding was equally valid and expedient. The circum
stances which had given birth to the commission had given
place to others totally different; not a single step had been
taken under the commission which could affect the honor or
faith of the United States, and it surely can never be said that
either the letter or spirit of the Confederation requires the
same majority to decline as to engage in foreign treaties. The
72 WORKS OF MADISON. iTSt.
safest method of guarding against the execution of those great
powers, after the circumstances which dictated them have
changed, is to limit their duration, trusting to renewals as they
expire, if the original reasons continue. My experience of the
uncertainty of getting an affirmative vote even of seven States
had determined me, before I left Congress, always to contend
for such limitations.
I thought the sense of the term " appropriation " had been
settled by the latter practice of Congress to be the same as you
take it to be. I always understood that to be the true, the
parliamentary, and the only rational sense. If no distinction
be admitted between the "appropriation of money to general
uses'' and "expenditures in detail," the Secretary of Congress
could not buy quills or wafers without a vote of nine States
entered on record, and the Secretary to the Committee of the
States could not do it at all. In short, unless one vote of ap
propriation can extend to a class of objects, there must be a
physical impossibility of providing for them; and the extent
and generality of such classes can only be determined by dis
cretion and conveniency. It is observable, that in the specifi
cation of the powers which require nine States, the single tech
nical word " appropriate " is retained. In the general recital
which precedes, the word "apply" as well as "appropriate" is
used.
You were not mistaken in supposing I had in conversation
restrained the authority of the federal Court to territorial dis
putes, but I was egregiously so in the opinion I had formed.
Whence I got it I am utterly at a loss to account. It could not
be from the Confederation itself, for words could not be more
explicit. I detected the error a few days ago in consulting the
articles on another subject, and had noted it for my next letter
to you.
I am not sure that I comprehend your idea of a cession of
the Territory beyond the Kenhaway and on this side the Ohio.
As all the soil of value has been granted out to individuals, a
cession in that view would be improper, and a cession of the
jurisdiction to Congress can be proper only where the Country
1781. LETTERS. 73
is vacant of settlers. I presume your meaning, therefore, to be
no more than a separation of that country from this, and an
incorporation of it into the Union; a work to which all three
must be parties. I have no reason to believe there will be any
repugnance on the part of Virginia.
The effort of Pennsylvania for the Western commerce does
credit to her public councils. The commercial genius of this
State is too much in its infancy, I fear, to rival the example.
Were this less the case, the confusion of its affairs must stifle
all enterprize. I shall be better able, however, to judge of the
practicability of your hint when I know more of them.
The declension of Georgetown does not surprize me, tho' it
gives me regret. If the competition should lie between Trenton
and Philadelphia, and depend on the vote of New York, it is
not difficult to foresee into which scale it will be thrown, nor
the probable effect of such decision on our Southern hopes.
I have long regarded the council as a grave of useful talents,
as well as objectionable in point of expence, yet I see not how
such a reform as you suggest can be brought about. The Con
stitution, tho' readily overleaped by the Legislature on the
spur of an occasion, would probably be made a bar to such an
innovation. It directs that eight members be kept up, and re
quires the sanction of four to almost every act of the Governor.
Is it not to be feared, too, that these little meliorations of the
Government may turn the edge of some of the arguments which
ought to be laid to its root ? I grow every day more and more
solicitous to see this essential work begun. Every day's delay
settles the Government deeper into the habits of the people, and
strengthens the prop which their acquiescence gives it. My
field of observation is too small to warrant any conjecture of
the public disposition towards the measure; but all with whom
I converse lend a ready ear to it. Much will depend on the
politics of Mr. Henry, which are wholly unknown to me.
Should they be adverse, and G. Mason not in the Assembly,
hazardous as delay is, the experiment must be put off to a more
auspicious conjuncture.
The charter granted in 1732 to Lord Baltimore makes, if I
74 WORKS OF MADISON. 1734.
mistake not, the Southern shore of the Potowmac the boundary
of Maryland on that side. The Constitution of Virginia cedes
to that State " all the territories contained within its charter,
with all the rights of property, jurisdiction, and Government, and
all other rights whatsoever, which might at any time have been
claimed by Virginia, excepting only the free navigation and use
of the Rivers Potowmac and Pohomoque, &c." Is it not to be
apprehended that this language will be construed into an entire
relinquishment of the Jurisdiction of these rivers, and will not
such a construction be fatal to our port regulations on that side,
and otherwise highly inconvenient ? I was told on my journey
along the Potowmac of several flagrant evasions which had
been practiced with impunity and success by foreign vessels
which had loaded at Alexandria. The jurisdiction of half the
rivers ought to have been expressly reserved. The terms of
the surrender are the more extraordinary as the patetits of the
N. neck place the whole river Potowmac within the Govern
ment of Virginia; so that we were armed with a title both of
prior and posterior date to that of Maryland. What will be
the best course to repair the error? — to extend our laws upon
the River, making Maryland the plaintiff if she chooses to con
test their authority — to state the case to her at once and pro
pose a settlement by negociation — or to propose a mutual ap
pointment of Commissioners for the general purpose of preserv
ing a harmony and efficacy in the regulations on both sides?
The last mode squares best with my present ideas. It can give
no irritation to Maryland; it can weaken no plea of Virginia;
it will give Maryland an opportunity of stirring the question if
she chooses; and will not be fruitless if Maryland should admit
our jurisdiction. If I see the subject in its true light, no time
should be lost in fixing the interest of Virginia. The good
humour into which the cession of the back lands must have put
Maryland forms an apt crisis for any negociations which may
be necessary. You will be able, probably, to look into her
charter and her laws, and to collect the leading sentiments rel
ative to the matter.
The winter has been so severe that I have never renewed m\
1784. LETTERS. 75
call on the library of Monticello, and the time is now drawing
so near when I may pass for a while into a different scene, that
I shall await at least the return to my studies. Mr. L. Grymes
told me a few days ago that a few of your books which had
been borrowed by Mr. W. Maury, and ordered by him to be
sent to his brother's, the clergyman, on their way to Monticello,
were still at the place which Mr. M. removed from. I desired
Mr. Grymes to send them to me instead of the Parson, suppos
ing, as the distance is less, the books will probably be sooner
out of danger from accidents, and that a conveyance from hence
will not be less convenient. I calculated, also, on the use of
such of them as may fall within my plan.
I lately got home the trunk which contained my Buffon, but
have barely entered upon him. My time begins already to be
much less my own than during the winter blockade. I must
leave to your discretion the occasional purchase of rare and
valuable books, disregarding the risk of duplicates. You know
tolerably well the objects of my curiosity. I will only partic
ularize my wish of whatever may throw light on the general
constitution and droit publique of the several confederacies
which have existed. I observe in Boenaud's catalogue several
pieces on the Dutch, the German, and the Helvetic. The oper
ations of our own must render all such lights of consequence.
Books on the law of N. & N. fall within a similar remark. The
tracts of Bynkershoeck, which you mention, I must trouble you
to get for me, and in French, if to be had, rather than latin.
Should the body of his works come nearly as cheap as these
select publications, perhaps it may be worth considering whether
the whole would not be preferable. Is not Wolfius also worth
having ? I recollect to have seen at Pritchard's a copy of Haw-
kin's abridgement of Co. Litt. I would willingly take it if it
be still there, and you have an opportunity. A copy of Deanc's
letters, which were printed in New York, and which I failed to
get before I left Philadelphia, I should also be glad of. I use
this freedom in confidence that you will be equally free in con
sulting your own conveniency whenever I encroach upon it. I
hope you will be so, particularly in the request I have to add.
76 WORKS OF MADISON. 178 1.
One of my parents would be considerably gratified with a
pair of good spectacles, which are not to be got here. The par
ticular readiness of Dudley to serve you inclines ine to think
that an order from you would be well executed. Will you,
therefore, be so good as to get from him one of his best pebble
and double-jointed pair, for the age fifty-five, or thereabouts,
with a good case, and forward them by the first safe convey
ance to me in Orange or at Richmond, as the case may be. If
I had thought of this matter before Mr. Maury set out, I might
have lessened your trouble. It is not material whether I be
repayed at the Bank of Philadelphia or the Treasury of Vir
ginia, but I beg it may be at neither till you are made secure
by public remittances. It will be necessary, at any rate, for
<£20 or 30 to be left in your hands or in the Bank for little ex
penditures which your kindness is likely to bring upon you.
The Executive of South Carolina, as I am informed by the
Attorney, have demanded of Virginia the surrender of a citizen
of Virginia, charged on the affidavit of Jonas Beard, Esqr.,
whom the Executive of South Carolina represent to be " a Jus
tice of the peace, a member of the Legislature, and a valuable,
good man," as follows: that " three days before the 25th day of
October, 1783, he (Mr. Beard) was violently assaulted by G.
H., during the sitting of the Court of General Sessions, without
any provocation thereto given, who beat him (Mr. B.) with his
fist and switch over the face, head, and mouth, from which beat
ing he was obliged to keep his room until the said 25th day of
October, 1783, and call in the assistance of a physician." Such
is the case as collected by Mr. Randolph from the letter of the
Executive of South Carolina. The questions which arise upon
it are: 1. Whether it be a charge of high misdemesnor within
the meaning of the fourth Article of Confederation. 2. Whether,
in expounding the terms high misdemeanor, the law of South
Carolina, or the British law as in force in the United States
before the Revolution, ought to be the standard. 3. If it be
not a casus foederis, what the law of nations exacts of Virginia?
4. If the law of nations contains no adequate provision for such
occurrences, whether the intimacy of the Union among the
1781 LETTERS. 77
States, the relative position of some, and the common interest
of all them in guarding against impunity for offences which can
IDC punished only by the jurisdiction within which they are com
mitted, do not call for some supplemental regulations on this
subject? Mr. Randolph thinks Virginia not bound to surrender
the fugitive until she be convinced of the facts, by more sub
stantial information, and of its amounting to a high misdemesnor,
by inspection of the law of South Carolina, which, and not the
British law, ought to be the criterion. His reasons are too
long to be rehearsed.
I know not, my dear sir, what to reply to the affectionate
invitation which closes your letter. I subscribe to the justness
of your general reflections; I feel the attractions of the particu
lar situation you point out to me. I cannot altogether renounce
the prospect, still less can I as yet embrace it. It is very far
from being improbable that a few years more may prepare me
for giving such a destiny to my future life, in which case the
same or some equally convenient spot may be commanded by a
little augmentation of price. But wherever my final lot may
fix me, be assured that I shall ever remain, with the sincerest
affection and esteem,
Your friend and servant.
TO THOMAS JEFFERSON.
ORANGE, April 25th, 1784.
DEAR SIR, — Your favor of the 16th of March came to hand
a few days before Mazzei called on me. His plan was to have
proceeded hence directly to Annapolis. My conversation led
him to premise a visit to Mr. Henry, from whence he proposed
to repair to Richmond, and close his affairs with the Executive.
Contrary to my expectation he returned hither on Thursday
last, proposing to continue his circuit through Gloucester, York,
and Williamsburg, recommended by Mr. Henry, for obtaining
78 WORKS OF MADISON.
from the former members of the Council certain facts relating
to his appointment, of which the vouchers have been lost. This
delay, with the expectation of your adjournment, will probably
prevent his visit to Congress. Your letter gave me the first
information both of his views towards a Consulate and of his
enmity towards Franklin; the first was not betrayed to me by
any conversation either before or after I made known to him
the determination of Congress to confine such appointments to
natives of America.
As to the 2nd, he was unreserved, alleging at the same time
that the exquisite cunning of the old Fox has so enveloped his
iniquity, that its reality cannot be proved by those who are
thoroughly satisfied of it. It is evident, from several circum
stances stated by himself, that his enmity has been embittered,
if not wholly occasioned, by incidents of a personal nature.
Mr. Adams is the only public man whom he thinks favorably
of, or seems to have associated with, a circumstance which their
mutual characters may perhaps account for. Notwithstanding
these sentiments towards Franklin and Adams, his hatred of
England remains unabated , and does not exceed his partiality
for France, which, with many other considerations which need
not be pointed out, persuade me that however dreadful an
actual visit from him might be to you in a personal view, it
would not produce the public mischiefs you apprehend from it.
By his interview with Mr. Henry, I learn that the present
politics of the latter comprehend very friendly views toward
the confederacy, a wish tempered with much caution for an
amendment of our own constitution, a patronage of the payment
of British debts, and of a scheme of general assessment.
The want of both a Thermometer and Barometer had deter
mined me to defer a meteorological diary till I could procure
these instruments. Since the receipt of your letter, I have
attended to the other columns.
I hope the letter which had not reached you at the date of
your last did not altogether miscarry. On the 16th of March
I wrote you fully on sundry points. Among others, I suggested
to your attention the case of the Potowmac, having in my eye
1784. LETTERS. 79
the river below the head of navigation. It will be well, I
think, to sound the ideas of Maryland also, as to the upper parts
of the north branch of it. The policy of Baltimore will prob
ably thwart, as far as possible, the opening of it; and without
a very favorable construction of the right of Virginia, and even
the privilege of using the Maryland Bank, it would seem that
the necessary works could not be accomplished.
Will it not be good policy to suspend further Treaties of
Commerce till measures shall have taken place in America
which may correct the idea in Europe of impotency in the fede
ral Government in matters of Commerce? Has Virginia been
seconded by any other State in her proposition for arming
Congress with power to frustrate the unfriendly regulations of
Great Britain with regard to her West India islands? It is
reported here that the late change of her ministers has revived
the former liberality which seemed to prevail on that subject.
Is the Impost gaining or losing ground among the States? Do
any considerable payments come into the Continental Treasury?
Does the settlement of the public accounts make any comfort
able progress? Has any resolution been taken by Congress
touching the old Continental currency? Has Maryland fore-
borne to take any steps in favour of George Town? Can you
tell me whether any question in the Court of Appeals has yet
determined whether the war ceased on our coast on the 3d of
March or the 3d of April?
The books which I was told were still at the place left by
Mr. W. Maury had been sent away at the time Mr. L. Grymes
informed me of them.
Mr. Mazzei tells me that a subterraneous city has been dis
covered in Siberia, which appears to have been once populous
and magnificent. Among other curiosities it contains an eques-
train statue, around the neck of which was a golden chain 200
feet in length, so exquisitely wrought that Buffon inferred from
a specimen of 6 feet, sent him by the Empress of Russia, that
no artist in Paris could equal the workmanship. Mr. Mazzei
saw the specimen in the hands of Buffon, and heard him give
this opinion of it. He heard read at the same time a letter
$0 WORKS OF MADISON.
from the Empress to Buffon, in which she desired the present to
be considered as a tribute to the man to whom Natural History
was so much indebted. Mr. Faujas de St. Fond thought the
city was between 72 and 74 N. L.; the son of Buffon, between
62 and 64°. Mr. M., being on the point of departure, had no
opportunity of ascertaining the fact. If you should have had
no better account of the discovery, this will not be unaccepta
ble to you, and will lead you to obtain one.
I propose to set off for Richmond towards the end of this
week. The election in this county was on thursday last. My
colleague is Mr. Charles Porter.
I am, your affect6 friend.
TO THOMAS JEFFERSON.
RICHMOXD, May 15th, 1784.
* * * * * * *
The arrangement which is to carry you to Europe has been
made known to me by Mr. Short, who tells me he means to ac
company or follow you. With the many reasons which make
this event agreeable, I cannot but mix some regret that your
aid towards a revisal of our State Constitution will be removed.
I hope, however, for your licence to make use of the ideas you
were so good as to confide to me, so far as they may be neces
sary to forward the object. Whether any experiment will be
made this session is uncertain. Several members with whom I
have casually conversed give me more encouragement than I had
indulged. As Col. Mason remains in private life, the expediency
of starting the idea will depend much on the part to be expected
from R. H. Lee and Mr. Henry. The former is not yet come
to this place, nor can I determine any thing as to his politics
on this point. The latter arrived yesterday, and from a short
conversation I find him strenuous for invigorating the Federal
Government, though without any precise plan, but have got no
1784. LETTERS. 81
explanations from him as to our internal Government. The
general train of his thoughts seemed to suggest favorable ex
pectations. We did not make a house till Wednesday last, and
have done nothing yet but arrange the committees and receive
petitions. The former Speaker was re-elected without opposi
tion. If you will, either before or after your leaving America,
point out the channel of communication with you in Europe, I
will take the pleasure of supplying you from time to time with
our internal transactions, as far as they may deserve your atten
tion; and expect that you will freely command every other
service during your absence which it may be in my power to
render.
Wishing you every success and happiness, I am, dear sir, your
affecte friend,
TO COL. JAMES MADISON.
(Extracts.)
RICHMOND. June 5th, 1784.
*******
The House of Delegates have agreed to postpone the June
tax till January. It is not improbable that the Senate may re
quire half to be collected at an earlier period.
********
June 15th. — The Senate have ratified the postponement of
the taxes till the last day of January. It is thought by some
that an intermediate tax of some kind or other will be essential,
but whether any such will take place is uncertain, and perhaps
improbable, though we shall make a strange figure, after our
declarations with regard to Congress and the Continental debt,
if we wholly omit the means of fulfilling them.
* * * * *
June 24^. — Much time has been lately spent by the Assembly
in abortive efforts for an amendment of the Constitution, and
fulfilling the Treaty of Peace in the article of British debts.
VOL. i 6
82 WORKS OF MADISON. 1734.
The residue of the business will not be completed till next
week.
[Notes in the hand-writing of Mr. Madison, of a speech made by him in the
House of Delegates of Virginia, at the May session of 1784, in support of a prop
osition for a Convention to revise the Constitution of the State :]
I. Nature of Constitution examd. See Mass., P. 7, 8, 15,
16; N. Y., P. 63; Penna, P. 85, 86; Del., P. 106; N. C., P. 146,
150; S. C., P. 188; Geo., P. 186.
II. Convention of 1776, without due power from people.
1. Passed ordinance for Constitun on recommendation of
Cong8 of 15 May, prior to Declar11 of Independence, as was
done in N. H., P. 1, & N. J., P. 78, 84.
2. Passed from impulse of necessity. See last clause of the
preamble.
3. Before independence declared by Cong8.
4. Power from people nowhere pretended.
5. Other ordinances of same session deemed alterable, as rel
ative to Senators — oaths — salt.
6. Provision for case of west Augusta, in its nature tempo
rary.
7. Convention make themselves branch of the Legislature.
III. Constitution, if so to be called, defective.
1. In a union of powers, which is tyranny. Montesqn.
2. Executive Department dependent on Legislature: 1, for sal
ary; 2, for character in triennial expulsion; 3, expensive: 4, may
be for life, contrary to article 5 of Declaration of rights.
3. Judiciary dependent for am* of salary.
4. Privileges and wages of members of Legislature unlimited
and undefined.
5. Senate badly constituted and improperly barred of the
originating of Laws.
6. Equality of representation not provided for. See N. Y.,
P. 65; S. C., P. 165.
7. Impeachments of great moment on bad footing.
1784. BRITISH DEBTS. 83
8. County courts seem to be fixed, P. 143, 144; also general
Court,
9. Habeas corpus omitted.
10. No mode of expounding Constitution, and of course no
check to Gen1 Assembly.
11. Right of suffrage not well fixed — quaere, if popish recu
sants, <fcc,, not disfranchised?
IV. Constitution rests on acquiescence — a bad basis.
V. Revision during war improper; on return of peace, de
cency requires surrender of powers to people.
VI. No danger in referring to the people, who already exer
cise an equivalent power.
VII. If no change be made in the Constitution, it is advisable
to have it ratified and secured against the doubts and imputa
tions under which it now labors.
[Proposition of Mr. Madison, on the subject of British Debts, submitted to the
House of Delegates of Virginia, at the May session, 1784 :]
Whereas by the 4th article of the Definitive Treaty of peace,
ratified and proclaimed by the United States in Congress as
sembled, on the 14th day of Jany. last, "it is agreed that credi
tors on either side shall meet with no lawful impediment to the
recovery of the full value in sterling money of all bbna fide
debts heretofore contracted;" and whereas it is the duty and
determination of this Commonwealth, with a becoming rever
ence for the faith of Treaties, truly and honestly to give to the
said article all the effect which circumstances not within its
controul will now possibly admit; and inasmuch as the debts
due from the good people of this Commonwealth to the subjects
of G. Britain were contracted under the prospect of gradual
payments, and are justly computed to exceed the possibility of
full payment at once, more especially under the diminution of
their property resulting from the devastations of the late war,
and it is therefore conceived that the interest of the British
Creditors themselves will be favored by fixing certain reason
able periods at which divided payments shall be made :
84 WORKS OF MADISON.
Resolved, that it is the opinion of this committee that the
laws now in force relative to British debts ought to be so varied
and emended as to make the same recoverable in the propor
tions and at the periods following; that is to say, part thereof,
with interest of 5 pr ct. from the date of the Definitive Treaty
of peace, on the — day of , another on the — day of - — ,
another on the — day of , and the remaining on the — day
of .
And whereas it is further stipulated by Art. 7th of the said
Treaty, among other things, that "his Britannic Majesty shall
with all convenient speed, and without causing any destruction,
or carrying away any negroes or other property of the Ameri
can inhabitants, withdraw all his armies, garrisons, and fleets,
from the said United States, and from every port, place, and
Harbour, within the same, leaving in all fortifications the Amer
ican artillery that may be therein, and shall also order and
cause all archives, records, deeds, and papers, belonging to any
of the said States, or their citizens, which in the course of the
war may have fallen into the hands of his officers, to be forth
with restored and delivered to the proper States and persons
to whom they belong," which stipulation was in the same
words contained in the Provisional articles, signed at Paris on
the 30th day of November, 1782, by the Commissioners em
powered on each part; and whereas posterior to the date of
the said provisional articles, sundry negroes, the property of
citizens of this Commonwealth, were carried away from the city
of New York whilst in possession of the British forces, and no
restitution or satisfaction on that head has been made, either
before or since the Definitive Treaty of Peace; and whereas
the good people of this Commonwealth have a clear right to
expect that whilst, on one side, they are called upon by the U.
S. in Congress assembled, to whom by the federal Constitution
the powers of War and Peace are exclusively delegated, to
carry into effect the stipulations in favour of British subjects,
an equal observance of the stipulations in their own favor
should, on the other side, be duly secured to them under the
authority of the confederacy :
1784. LETTERS. 85
Resolved, that it is the opinion of this Committee that the
Delegates representing this State in Congress ought to be in
structed to urge in Congress peremptory measures for obtain
ing from G. Britain satisfaction for the infringement of the
article aforesaid; and in case of refusal or unreasonable delay
of such satisfaction, to urge that the sanction of Congress be
given to the just policy of retaining so much of the debts due
from citizens of this Commonwealth to British subjects as will
fully repair the losses sustained from such infringement; and
that to enable the said Delegates to proceed herein with the
greater precision and effect, the Executive ought to be requested
to take immediate measures for obtaining and transmitting to
them all just claims of the citizens of this Commonwealth under
the 7th art., as aforesaid.
TO GENERAL WASHINGTON.
RICHMOND, July 2d, 1784.
DEAR SIR, — The sanction given by your favor of the 12th to
my -desire of remunerating the genius which produced " Common
Sense," has led to a trial in the Legislature for the purpose.
The gift first proposed was a moiety of the tract on the Eastern
Shore known by the name of the Secretary's land. The easy
reception it found induced the friends of the measure to add the
other moity to the proposition, which would have raised the
market value of the donation to about £4,000, or upwards;
though it would not probably have commanded a rent of more
than XI 00 per annum. In this form the Bill passed through
two readings. The third reading proved that the tide had
suddenly changed,* for the Bill was thrown out by a large
majority. An attempt was next made to sell the land in ques
tion, and apply £2,000 of the money to the purchase of a Farm
for Mr. Paine. This was lost by a single vote. Whether a
* The change was produced by prejudices against Mr. Paine, thrown into cir
culation by Mr. Arthur Lee, [on account of Paine's pamphlet in opposition to
the Territorial claims of Virginia.]
gfl WORKS OF MADISON.
greater disposition to reward patriotic and distinguished exer
tions of genius will be found on any succeeding occasion is not
for me to predetermine. Should it finally appear that the
merits of the Man, whose writings have so much contributed to
infuse and foster the spirit of Independence in the people of
America, are unable to inspire them with a just beneficence, the
world, it is to be feared, will give us as little credit for our
policy as for our gratitude in this particular. The wish of Mr.
Paine to be provided for by separate acts of the States, rather
than by Congress, is, I think, a natural and just one. In the
latter case it might be construed into the wages of a mercenary
writer. In the former, it would look like the returns of grati
tude for voluntary services. Upon the same principle, the mode
wished by Mr. Paine ought to be preferred by the States them
selves.
TO THOMAS JEFFERSON.
RICHMOND, July 3d, 1784.
DEAR SIR, — The Assembly adjourned the day before yester
day. I have been obliged to remain here since on private busi
ness for my Countrymen with the Auditor's and other depart
ments. I had allotted towards the close of the session to un
dertake a narration for you of the proceedings, but the hurry,
on which I did not sufficiently calculate, rendered it impossible,
and I now find myself so abridged in time that I cannot fulfil
iny intentions. It will, however, be the less material, as Mr.
Short, by whom this goes, will be possessed of almost every
thing I could say. I inclose you a list of the acts passed, ex
cepting a few which had not received the last solemnity when
the list went to the press. Among the latter is an Act under
which 1 per cent, of the land tax will be collected this fall, and
will be for Congress. This, with the 1 J per cent, added to the
impost on trade, will be all that Congress will obtain on their
last requisition for this year. It will be much short of what
they need, and of what might be expected from the declarations
1784. LETTERS. 87
with which we introduced the business of the Session. These
declarations will be seen in the Journal, a copy of which I take
for granted will be carried by Mr. Short. Another act not or,
the list lays duties on law proceedings, on alienations of land,
on probats of wills, administration, and some other transactions
which pass through official hands. This tax may be considered
as the basis of a stamp tax; it will probably yield fifteen or
twenty thousand pounds at present, which is set apart for the
foreign Creditors of this State.
We made a warm struggle for the establishment of Norfolk
and Alexandria as our only ports; but were obliged to add
York, Tappahannock, and Bermuda hundred, in order to gain
any thing and to restrain to these ports foreigners only. The
footing on which British debts are put will appear from the
Journal, noting only that a law is now in force which forbids
suits for them. The minority in the Senate have protested on
the subject. Having not seen the protest, I must refer to Mr.
Short, who will no doubt charge himself with it.
A trial was made for a State Convention, but in a form not
the most lucky. The adverse temper of the House, and partic
ularly of Mr. Henry, had determined me to be silent on the
subject. But a petition from Augusta, having among other
things touched on a Reform of the Government, and R. H. Lee
arriving with favorable sentiments, we thought it might not be
amiss to stir the matter. Mr. Stuart, from Augusta, accord
ingly proposed to the Committee of propositions the Resolutions
reported to the House, as per Journal. Unluckily, R. H. Lee
was obliged by sickness to leave us the day before the question
came on in committee of the whole, and Mr. Henry shewed a
more violent opposition than we expected. The consequence
was, that after two days' Debate the Report was negatived, and
the majority, not content with stopping the measure for the pres
ent, availed themselves of their strength to put a supposed bar
on the Journal against a future possibility of carrying it. The
members for a Convention with full powers were not consider
able for number, but included most of the young men of educa
tion and talents. A great many would have concurred in a
gg WORKS OF MADISON. 1781.
Convention for specified amendments, but they were not dis
posed to be active even for such a qualified plan.
Several petitions came forward in behalf of a General assess
ment, which was reported by the Committee of Religion to be
reasonable. The friends of the measure did not chuse to try
their strength in the House. The Episcopal Clergy introduced
a notable project for re-establishing their independence of the
laity. The foundation of it was, that the whole body should be
legally incorporated, invested with the present property of the
Church, made capable of acquiring indefinitely, empowered to
make canons and bye-laws not contrary to the laws of the land,
and incumbents, when once chosen by vestries, to be immoveable
otherwise than by sentence of the convocation. Extraordinary
as such a project was, it was preserved from a dishonorable death
by the talents of Mr. Henry. It lies over for another session.
The public lands at Richmond not wanted for public use are
ordered to be sold, and the money, aided by subscriptions, to be
applied to the erection of buildings on the Hill, as formerly
planned. This fixes the Government, which was near being
made as vagrant as that of the United States, by a coalition
between the friends of Williamsburg and Staunton. The point
was carried by a small majority only.
The lands about Williamsburg are given to the University,
and are worth, Mr. H. Tazewell thinks, £10,000 to it. For the
encouragement of Mr. Maury's School, licence is granted for a
lottery to raise not more than £2,000.
The revisal is ordered to be printed. A frivolous economy
restrained the number of copies to 500. I shall secure the num
ber you want and forward them by the first opportunity. The
three revisors' labour was recollected on this occasion, and
£500 voted for each. I have taken out your warrant in five
parts, that it may be the more easily converted to use. It is to
be paid out of the first unappropriated money in the Treasury,
which renders its value very precarious unless the Treasurer
should be willing to endorse it " receivable in taxes," which he
is not obliged to do. I shall await your orders as to the dis
position of it.
178k LETTERS. 89
An effort was made for Paine, and the prospect once flatter
ing. But a sudden opposition was brewed up, which put a neg
ative on every form which could be given to the proposed re
muneration. Mr. Short will give you particulars.
Col. Mason, the Attorney, Mr. Henderson, and myself, are to
negociate with Maryland, if she will appoint Commissioners to
establish regulations for the Potowmac.
Since the receipt of yours of May 8, I have made diligent en
quiry concerning the several schools most likely to answer for
the education of your nephews. My information has determined
me finally to prefer that of Mr. "W. Maury, as least exception
able. I have accordingly recommended it to Mrs. Carr, and
on receiving her answer shall write to Mr. Maury, pointing out
your wishes as to the course of study proper for Master Carr.
I have not yet made up any opinion as to the disposition of
your younger nephew, but shall continue my enquiries till I can
do so. I find a greater deficiency of proper schools than I
could have supposed, low as my expectations were on the sub
ject. All that I can assure you of is, that I shall pursue your
wishes with equal pleasure and faithfulness.
Your hint for appropriating the Slave tax to Congress fell in
precisely with the opinion I had formed and suggested to those
who are most attentive to our finances. The existing appro
priation of half of it, however, to the military debt, was deemed
a bar to such a measure. I wished for it because the slave
holders are Tobacco makers, and will generally have hard
money, which alone will serve for Congress. Nothing can ex
ceed the confusion which reigns throughout our revenue depart
ment. We attempted, but in vain, to ascertain the amount of
our debts and of our resources, as a basis for something like a
system. Perhaps by the next session the information may be
prepared. This confusion, indeed, runs through all our public
affairs, and must continue as long as the present mode of legis
lating continues. If we cannot amend the Constitution, we
must at least call in the aid of accurate penmen for extending
Resolutions into bills, which at present are drawn in a manner
90 WOUKS OF MADISON. 1754.
that -must soon bring our laws and our Legislature into con
tempt among all orders of Citizens.
I have communicated your request from Philadelphia, May
25, to Mr. Zane. He writes by Mr. Short, and tells me he is
possessed of the observations which he promised you. I found
no opportunity of broaching a scheme for opening the naviga
tion of the Potowmac under the auspices of General Washing
ton, or of providing for such occurrences as the case of Marbois.
With the aid of the Attorney, perhaps something may be done
on the 1-atter point next Session.
Adieu, my dear friend.
TO THOMAS JEFFERSON.
ORANGE, August 20th, 1784.
DEAR SIR, — Your favor of the 1st July, written on the eve
of your embarcation from Boston, was safely delivered by your
servant Bob about the 20th of the same month. Along with it
I received the pamphlet on the West India trade, and a copy of
Deane's letters.
My last was written from Richmond on the adjournment of
the General Assembly, and put into the hands of Mr. Short. It
contained a cursory view of legislative proceedings, referring
to the bearer for a more circumstantial one. Since the adjourn
ment, I have been so little abroad that I am unable to say with
certainty how far those proceedings harmonize with the vox
populi. The opinion of some who have better means of infor
mation is, that a large majority of the people, either from a
sense of private justice or of national faith, dislike the footing
on which British debts are placed. The proceedings relative
to an amendment of the State Constitution seem to interest the
public much less than a friend to the scheme would wish.
The act which produces most agitation and discussion is that
which restrains foreign trade to enumerated ports. Those who
1784. LETTERS. 91
meditate a revival of it on the old plan of British monopoly
and diffusive credit, or whose mercantile arrangements might
be disturbed by the innovation, with those whose local situa
tions give them, or are thought to give them, an advantage in
large vessels coming up the rivers to their usual stations, are
busy in decoying the people into a belief that trade ought in
all cases to be left to regulate itself; that to confine it to par
ticular ports is to renounce the boon with which nature has
favoured our country; and that if one set of men are to be im
porters and exporters, another set to be carryers between the
mouths and heads of the rivers, and a third retailers, trade, as
it must pass through so many hands, all taking a profit, must
in the end come dearer to the people than if the simple plan
should be continued which unites these several branches in the
same hands.
These and other objections, tho' unsound, are not altogether
unplausible, and being propagated with more zeal and pains by
those who have a particular interest to serve than proper an
swers are by those who regard the general interest only, make
it very possible that the measure may be rescinded before it is
to -take effect. Should it escape such a fate, it will be owing
to a few striking and undeniable facts, namely, that goods are
much dearer in Virginia than in the States where trade is drawn
to a general mart; that even goods brought from Philadelphia
and Baltimore to Winchester, and other Western and South
Western parts of Virginia, are retailed cheaper than those im
ported directly from Europe are sold on tide water; that gen
erous as the present price of our Tobacco appears, the same
article has currently sold 15 or 20 per cent, at least higher in
Philadelphia, where, being as far from the ultimate market, it
cannot be intrinsically worth more; that scarce a single vessel
from any part of Europe, other than the British Dominions,
comes into our ports, whilst vessels from so many other parts
of Europe resort to other ports of America, almost all of them,
too, in pursuit of the staple of Virginia.
The exemption of our own citizens from the restrictions is
another circumstance that helps to parry attacks on the policy
92 WORKS OF MADISON. 1784.
of it. The warmest friends to the law were averse to this dis
crimination, which not only departs from its principle, but gives
it an illiberal aspect to foreigners; but it was a necessary con
cession to prevailing sentiments. The like discrimination be
tween our own citizens and those of other States, contrary to
the federal articles, is an erratum which was omitted to be rec
tified, but will no doubt be so.
Notwithstanding the languor of our direct trade with Europe,
this country has indirectly tasted some of the fruits of Independ
ence. The price of our last crop of Tobacco has been, on
James River, from 36s. to 42s. tid. pr cwt., and has brought more
specie into the country than it ever before contained at one
time. The price of Hemp, however, has been reduced as much
by the peace as that of Tobacco has been raised, being sold, I
am told, as low as 20s. per cwt. beyond the Mountains. Our
crops of wheat have been rather scanty, owing partly to the
rigors of the Winter, partly to an insect,* which in many places
has destroyed whole fields of that grain. The same insect has,
since the harvest, fallen upon the Corn with considerable dam
age; but without some very unusual disaster to that article the
crop will be exuberant, and will afford plentiful supplies for
the W. India Islands, if their European Masters will no longer
deny themselves the benefit of such a trade with us. The crop
of the Tobacco now on the ground will, if the weather continues
favorable, be tolerably good, though much shortened on the
whole by the want of early seasons for transplanting, and an
uncommon number of the insects which prey upon it in its dif
ferent stages. It will be politic, I think, for the people here to
push the culture of this article whilst the price keeps up, it be
coming more apparent every day that the richness of soil and
fitness of climate on the Western waters will, in a few years,
both reduce the price and engross the culture of it. This event
begins to be generally foreseen, and increases the demand
greatly for land on the Ohio. What think you of a guinea an
acre being already the price for choice tracts, with sure titles?
* Chinch-bug.
1784. LETTERS. 93
Nothing can delay such a revolution with regard to our staple
but an impolitic and perverse attempt in Spain to shut the
mouth of the Mississippi against the inhabitants above. I say
delay, because she can no more finally stop the current of trade
down the river than she can that of the river itself. The im
portance of this matter is in almost every mouth. I am fre
quently asked what progress has been made towards a treaty
with Spain, and what may be expected from her liberality on
this point, the querists all counting on an early ability in the
western settlements to apply to other motives, if necessary.
My answers have, both from ignorance and prudence, been e^Ta-
sive. I have not thought fit, however, to cherish unfavorable
impressions, being more and more led by revolving the subject
to conclude that Spain will never be so mad as to persist in her
present ideas. For want of better matter for correspondence,
I will state the grounds on which I build my expectations.
First. Apt as the policy of nations is to disregard justice and
the general rights of mankind, I deem it no small advantage
that these considerations are in our favour. They must be felt
in some degree by the most corrupt councils on a question
whether the interest of millions shall be sacrificed to views con
cerning a distant and paltry settlement; they are every day
acquiring weight from, the progress of philosophy and civiliza
tion, and they must operate on those nations of Europe who
have given us a title to their friendly offices, or who may wish
to gain a title to ours.
Secondly. May not something be hoped from the respect which
Spain may feel for consistency of character on an appeal to the
doctrine maintained by herself in the year 1609, touching the
Sclield, or at least from the use which may be made of that fact
by the powers disposed to favor our views ?
Thirdly. The interest of Spain at least ought to claim her
attention. 1. A free trade down the Mississippi would make
New Orleans one of the most flourishing emporiums in the
world, and deriving its happiness from the benevolence of
Spain, it would feel a firm loyalty to her government. At present
it is an expensive establishment, settled chiefly by French, who
94 WORKS OF MADISON. 1734.
hate the government which oppresses them, who already covet
a trade with the upper country, will become every day more
sensible of the rigor which denies it to them, and will join in
any attempt which may be made against their masters. 2d. A
generous policy on the part of Spain towards the United States
will be the cement of friendship and lasting peace with them.
A contrary one will produce immediate heart burnings, and sow
the seeds of inevitable hostility. The United States are already
a power not to be despised by Spain; the time cannot be distant
when, in spite of all precautions, the safety of her possessions
in this quarter of the Globe must depend more on our peace-
ableness than her own power. 3. In another view, it is against
the interest of Spain to throw obstacles in the way of our West
ern settlements. The part she took during the late war shews
that she apprehended less from the power growing up in her
neighborhood in a state of independence than as an instrument
in the hands of Great Britain. If in this she calculated on the
impotence of the United States, when dismembered from the
British empire, she saw but little way into futurity; if on the
pacific temper of republics, unjust irritations on her part will
soon prove to her that these have like passions with other gov
ernments. Her permanent security seems to lie in the complexity
of our federal government, and the diversity of interests among
the members of it, which render offensive measures improbable
in council and difficult in execution. If such be the case, when
thirteen States compose the system, ought she not to wish to
see the number enlarged to three and twenty ? A source of
temporary security to her is our want of naval strength: ought
she not, then, to favor those emigrations to the Western land
which, as long as they continue, will leave no supernumerary
hands for the sea ?
Fourthly. Should none of these circumstances affect her
councils, she cannot surely so far disregard the usage of nations
as to contend that her possessions at the mouth of the Missis
sippi justify a total denial of the use of it to the inhabitants
above, when possessions much less disproportionate at the mouth
of other rivers have been admitted only as a title to a moderate
1784. LETTERS. 95
toll. The case of the Rhine, the Maese, and the Scheld, as well
as the Elbe and Oder, are, if I mistake not, in point here. How
far other Rivers may afford parallel cases, I cannot say. That
of the Mississippi is probably the strongest in the world.
Fifthly. Must not the general interest of Europe in all cases
influence the determinations of any particular nation in Europe,
and does not that interest in the present case clearly lie on our
side? 1. All the principal powers have, in a general view,
more to gain than to lose by denying a right of those who hold
the mouths of rivers to intercept a communication with them
above. France, Great Britain, and Sweden, have no opportu
nity of exerting such a right, and must wish a free passage for
their merchandize in every country. Spain herself has no such
opportunity, and has, besides, three of her principal rivers, one
of them the seat of her metropolis, running through Portugal.
Russia can have nothing to lose by denying this pretension, and
is bound to do so in favor of her great rivers, the Neiper, the
Niester, and the Don, which mouth in the Black sea, and of the
passage thro' the Dardanelles, which she extorted from the
Turks. The Emperor, in common with the inland States of
Germany, and, moreover, by his possessions on the Maese and
the Scheld, has a similar interest. The possessions of the King
of Prussia on the Rhine, the Elbe, and the Oder, are pledges
for his orthodoxy.
The United Provinces hold, it is true, the mouths of the
Maese, the Rhine, and the Scheld, but a general freedom of
trade is so much their policy, and they now carry on so much
of it through the channel of rivers flowing thro' different do
minions, that their weight can hardly be thrown into the wrong
scale. The only powers that can have an interest in opposing
the American doctrine are the Ottoman, which has already
given up the point to Russia; Denmark, which is suffered to re
tain the entrance of the Baltic; Portugal, whose principal rivers
head in Spain; Venice, which holds the mouth of the Po; and
Dantzick, which commands that of the Vistula, if it is yet to be
considered as a sovereign City. The prevailing disposition of
Europe on this point once frustrated an attempt of Denmark
96 WORKS OF MADISON. 1784.
to exact a toll at the mouth of the Elbe by means of a fort on
the Holstein side, which commands it. The fact is mentioned
in Salmon's Gazetteer, under the head of Cluestadt. I have no
opportunity of ascertaining the circumstances of the case, or of
discovering like cases.
2. In a more important view, the settlement of the Western
country, which will much depend on the free use of the Missis
sippi, will be beneficial to all nations who either directly or in
directly trade with the United States. By a free expansion of
our people the establishment of internal manufactures will not
only be long delayed, but the consumption of foreign manufac
tures long continue increasing; and at the same time, all the
productions of the American soil, required by Europe in return
for her manufactures, will proportionably increase. The vacant
land of the United States lying on the waters of the Mississippi
is, perhaps, equal in extent to the land actually settled. If no
check be given to the emigrations from the latter to the former,
they will probably keep pace at least with the increase of our
people, till the population of both becomes nearly equal. For
twenty or twenty-five years we shall consequently have as few
internal manufactures in proportion to our numbers as at pres
ent, and at the end of that period our imported manufactures
will be doubled. It may be observed, too, that as the market
for their manufactures will first increase, and the provision for
'supplying it will follow, the price of supplies will naturally rise
in favor of those who manufacture them. On the other hand,
as the demand for the tobacco, indigo, rice, corn, <fec., produced
by America for exportation, will neither precede nor keep pace
with their increase, the price must naturally sink in favor also
of those who consume them.
Reverse the case by supposing the use of the Mississippi de
nied to us, and the consequence is, that many of our supernu
merary hands who, in the former case, would bo husbandmen on
the waters of the Mississippi, will, on the latter supposition, be
manufacturers on those of the Atlantic, and even those who may
not be discouraged from seating the vacant lands will be obliged,
by the want of vent for the produce of the soil, and of the means
1784. LETTERS. 97
of purchasing foreign manufactures, to manufacture in a great
measure for themselves.
Should Spain yield the point of the navigation of the Missis
sippi, but at the same time refuse us the use of her shores, the
benefit will be ideal only. I have conversed with several per
sons who have a practical knowledge of the subject, all of whom
assure me that not only the right of fastening to the Spanish
shore, but that of holding an entrepot in our own, or of using
New Orleans as a free port, is essential to a free trade through
that channel. It has been said that sea vessels can get up as
high as latitude thirty-two to meet the river craft, but it will
be with so much difficulty and disadvantage as to amount to a
prohibition.
The idea has also been suggested of large magazines con
structed for floating; but if this expedient were otherwise ad
missible, the hurrica'nes, which in that quarter frequently de
molish edifices on land, forbid the least confidence in those
which would have no foundation but water. Some territorial
privileges, therefore, seem to be as indispensable to the use of
the river as this is to the prosperity of the western country.
A place called " The Englishman's turn," on the island of
about six leagues below the town of New Orleans, is, I am told,
the fittest for our purpose, and that the lower side of the pen
insula is the best. Batonrouge is also mentioned as a conve
nient station; and Point Coupk as the highest to which vessels
can ascend with tolerable ease. Information, however, of this,
from men who judge from a general and superficial view only,
ran never be received as accurate. If Spain be sincerely dis
posed to gratify us, I hope she will be sensible it cannot be
done effectually without allowing a previous survey and delib
erate choice.
Should it be impossible to obtain from her a portion of ground
by other means, would it be unadvisable to attempt it by pur
chase ? The price demanded could not well exceed the benefit
to be obtained, and a reimbursement of the public advance
might easily be provided for by the sale to individuals, and the
conditions which might be annexed to their tenures. Such a
VOL. I 7
98 WORKS OF MADISON. 1734.
spot could not fail, in a little time, to equal in value tlie same
extent in London or Amsterdam.
The most intelligent of those with whom I have conversed
think that, on whatever footing our trade may be allowed, very
judicious provision will be necessary for a fair adjustment of
disputes between the Spaniards and the Americans — disputes
which must be not only noxious to trade, but tend to embroil
the two nations. Perhaps a joint tribunal, under some modifica
tion or other, might answer the purpose. There is a precedent,
I see, for such an establishment, in the twenty-first article of the
treaty of Minister, in 1648, between Spain and the United Neth
erlands.
I am informed that, sometime after New Orleans passed into
the hands of Spain, her Governor forbid all British vessels nav
igating under the treaty of Paris to fasten to the shore, and
caused such as did so to be cut loose. In consequence of this
practice a British frigate went up near the Town, fastened to
the shore, and set out guards to fire on any who might attempt
to cut her loose. The Governor, after trying in vain to remove
the frigate by menaces, acquiesced, after which British vessels
indiscriminately used the shore; and even the residence of British
Merchants in the town of New Orleans, trading clandestinely
with the Spaniards, as well as openly with their own people, was
winked at. The Treaty of 1763 stipulated to British subjects,
as well as I recollect, no more than the right of navigating the
river; and if that of using was admitted under that stipulation,
the latter right must have been admitted to be included in the
former.
*******
In consequence of my letter to Mrs. Carr, I have been called
on by your elder nephew, who is well satisfied with the choice
made of Williamsburg for his future studies. I have furnished
him with letters to my acquaintance there, and with a draught
on your steward for £12. He will be down by the opening of
Mr. Maury's school at the close of the vacation, which lasts
from the beginning of August to the end of September. I have
the greater hopes that the preference of this school will turn
1784. LETTERS. 99
out a proper one as it lias received the approbation of the lit
erary gentlemen of Williamsburg, and will be periodically ex
amined by Mr. Wythe and others. Your younger nephew is
with Major Callis, who will keep school some time longer. I
am at a loss as yet where to fix him, but will guard as much as
possible against any idle interval.
I am, very affectely, dear Sir, your friend and serv*
TO THOMAS JEFFERSON.
PHILADELPHIA, Sepr 7th, 1784.
DEAR SIR, — Some business, the need of exercise after a very
sedentary period, and the view of extending my ramble into the
Eastern States, which I have long had a curiosity to see. have
brought me to this place. ****** At Baltimore
I fell in with the Marquis de la Fayette, returning from a visit
to Mount Vernon. Wherever he passes he receives the most
flattering tokens of sincere affection from all ranks. He did
not propose to have left Virginia so soon, but General Wash
ington was about setting out on a trip to the Ohio, and could
not then accompany him on some visits, as he wished to do.
The present plan of the Marquis is to proceed immediately to
New York; thence, by Rhode Island, to Boston; thence thro'
Albany to Fort Schuyler, where a treaty with the Indians is to
be held the latter end of this month; thence to Virginia, so as
to meet the Legislature at Richmond. I have some thoughts
of making this tour with him, but suspend my final resolution
till I get to New York, whither I shall follow him in a day or
two.
The relation in which the Marquis stands to France and
America has induced me to enter into a free conversation with
him on the subject of the Mississippi. I have endeavored em
phatically to impress on him that the ideas of America and of
Spain irreconcileably clash; that unless the mediation of France
be effectually exerted, an actual rupture is near at hand; that
100 WORKS OF MADISON. i:Si.
in such an event, the connection between France and Spain will
give the enemies of the former in America the fairest opportu
nity of involving her in our resentments against the latter, and
of introducing Great Britain as a party with us against both;
that America cannot possibly be diverted from her object, and
therefore France is bound to set every engine at work to divert
Spain from hers; and that France has, besides, a great interest
in a trade with the western country through the Mississippi.
I thought it not amiss, also, to suggest to him some of the con
siderations which seem to appeal to the prudence of Spain. He
admitted the force of everything I said; told me he would write
in the most [favorable] terms to the Count de Vergennes by the
packet which will probably carry this, and let me see his letter
at New York before he sends it. He thinks that Spain is bent
on excluding us from the Mississippi, and mentioned several
anecdotes which happened while he was at Madrid in proof
of it.
The Committee of the States have dispersed. Several of the
Eastern members having, by quitting it, reduced the number
below a quorum, the impotent remnant thought it needless to
keep together. It is not probable they will be reassembled be
fore November, so that there will be an entire interregnum of
the federal Government for some time, against the intention of
Congress I apprehend, as well as against every rule of deco
rum.
The Marquis this moment stepped into my room, and, seeing
my cyphers before me, dropped some questions which obliged
me, in order to avoid reserve, to let him know that I was wri
ting to you. I said nothing of the subject, but he will probably
infer from our conversation that the Mississippi is most in my
thoughts.
Mrs. House charges me with a thousand compliments and
kind wishes for you and Miss Patsy. We hear nothing of
Mrs. Trist, since her arrival at the Falls of the Ohio, on her
way to N. Orleans. There is no doubt that she proceeded
down the river thence, unapprized of her loss. When and how
she will be able to get back, since the Spaniards have shut all
17&4. LETTERS. 101
their ports against the U. S., is uncertain, and gives much
anxiety to her friends. Browse has a windfall from his grand
mother of £1,000 sterling.
Present my regards to Miss Patsy and to Mr. Short, if he
should be with you, and accept yourself, Dear Sir, the sincerest
affection of
Your friend and servant.
TO THOMAS JEFFERSOX.
NEW YORK, Septr 15th, 1784.
DEAR Sin, — In pursuance of my intentions, as explained in
my last, dated in Philadelphia, I came to this City on Saturday
last. The information I have here received convinces me that
I cannot accomplish the whole route I had planned within the
time to which I am limited, nor go from this to Boston in the
mode which I had reckoned upon. I shall therefore decline
this part of my plan, at least for the present, and content my
self with a trip to Fort Schuyler, in which I shall gratify my
curiosity in several respects, and have the pleasure of the Mar
quis's company. We shall set off this afternoon in a Barge up
the Xorth River. The Marquis has received in this City a
continuation of those marks of cordial esteem and affection
which were hinted in my last. The Gazettes herewith enclosed
will give you samples of them. Besides the personal homage
he receives, his presence has furnished occasion for fresh mani
festations of those sentiments towards France which have been
so well merited by her, but which her Enemies pretended would
soon give way to returning affection for G. Britain. In this
view, a republication of those passages in the Gazettes of France
may be of advantage to us. They will at least give pleasure
to the Friends of the Marquis.
We have an account from Canada, how far to be relied on I
cannot say, that the Indians have surprised and plundered Micli-
illimackinac, where the English had a great amount of Stores
102 WOEKS OF MADISON. 1734.
and Merchandize, and that they have refused to treat with Sir
John Johnson.
**********
The Marquis has shewn me a passage in his letter to the
Count de Vergennes, in which he sketches the idea relative to
the Mississippi. He says he has not had time to dilate upon it,
but that his next letter will do it fully.
TO THOMAS JEFFERSON.
NEW YORK, October llth, 1784.
DEAR SIR, — My last, dated from this place on the 15th ultimo,
informed you of my projected trip to Fort Schuyler. I am this
moment arrived so far on my return to Virginia. My past de
lay requires so much hurry now, that I can only drop a few
lines for the packet which is to sail on the 15th instant. The
Marquis and myself were overtaken at Albany by Mr. de Mar-
bois, on the same errand with ourselves. We reached Fort
Schuyler on the 29th, and on the next day paid a visit to the
Oneida Nation, 18 miles distant. The Commissioners did not
get up till the Saturday following. We found a small portion
only of the six nations assembled; nor was the number much
increased when we quitted the scene of business. Accounts,
however, had come of deputies from more distant tribes being
on the way. The Marquis was received by the Indians with
equal proofs of attachment as have been shewn him elsewhere
in America. This personal attachment, with their supposed
predilection for his nation, and the reports propagated among
them that the Alliance between France and the United States
was transient only, led him, with the sanction of the Commis
sioners, to deliver a Speech to the Indian Chiefs, coinciding with
the object of the Treaty. The answers were very favorable in
their general tenor. Copies of both will be sent to Mon?.. de
Vcrgcnnes and the M. de Castries, by Mr. Marbois, and bo
within the reach of your curiosity. The originals were so much
1784. LETTERS. 10?
appropriated to this use during my stay with the Marquis, that
I had no opportunity of providing copies for you.
What the upshot of the Treaty will be is uncertain. The
possession of the posts of Niagara, &c., by the British is a very
inauspicious circumstance. Another is, that we are not likely
to make a figure otherwise that will impress a high idea of em
power or opulence. These obstacles will be rendered much
more embarrassing by the instructions to the Commissioners,
which, I am told, leave no space for negociation or concession,
and will consequently oblige them, in case of refusal in the In
dians to yield the ultimate hopes of Congress, to break up the
Treaty. But what will be the consequence of such an emer
gency? Can they grant a peace without cessions of territory; or
if they do, must not some other price hereafter purchase them ?
A Truce has never, I believe, been introduced with the Savages,
nor do I suppose that any provision has been made by Congress
for such a contingency.
The perseverance of the British in retaining the posts pro
duces various conjectures. Some suppose it is meant to enforce
a fulfilment of the Treaty of peace on our part. This interpre
tation is said to have been thrown out on the other side. Others,
that it is a salve for the wound given the Savages, who are
made to believe that the posts will not be given up till good
terms shall be granted them by Congress. Others, that it is
the effect merely of omission in the British Government to send
orders. Others, that it is meant to fix the fur trade in the
British channel, and it is even said that the Government of
Canada has a personal interest in securing a monopoly of at
least the crop of this season. I am informed by a person just
from Michilimackinac that this will be greater than it has been
for several seasons past, or perhaps any preceding season, and
that no part of it is allowed by the British Commanders to be
brought through the United States. From the same quarter I
learn that the posts have been lately well provisioned for the
winter, and that reliefs, if not reinforcements, of the garrisons
will take place. Col. Monroe had passed Oswego when last
heard of, and was likely to execute his plan. If I have time
104 WORKS OF MADISON. 1731.
and opportunity I will write again from Philadelphia, for
which I set out immediately; if not, from Richmond. The Mar
quis proceeded from Albany to Boston, from whence he will go,
via Rhode Island, to Virginia, and be at the Assembly. Thence
he returns into the Northern States to embark for Europe.
TO THOMAS JEFFERSON.
PHILADELPHIA, October 17th, 1784.
DEAR SIR, — On my arrival here I found that Mr. Short had
passed through on his way to New York, and was there at the
date of my last. I regret much that I missed the pleasure of
seeing him. The inclosed was put into my hands by Mrs. House,
who received it after he left Philadelphia. My two last, neither
of which were in cypher, were written, as will be all future
ones in the same situation, in expectation of their being read
by postmasters. I am well assured that this is the fate of all
letters, at least to and from public persons, not only in France
but all the other Countries of Europe. Having now the use of
my cypher, I can write without restraint.
In my last I gave you a sketch of what passed at Fort Schuy-
ler during my stay there; mentioning in particular that the
Marquis had made a speech to the Indians, with the sanction
of the Commissioners, Wolcot, Lee, and Butler. The question
will probably occur how a foreigner, and a private one, could
appear on the theatre of a public Treaty between the United
States and the Indian nations, and how the Commissioners
could lend a sanction to it. Instead of offering an opinion of
the measure, I will state the manner in which it was brought
about. It seems that most of the Indian tribes, particularly
those of the Iroquois, retain a strong predilection for the French,
and most of the latter an enthusiastic idea of the Marquis.
This idea has resulted from his being a Frenchman, the figure
he has made during the war, and the arrival of several impor
tant events which he foretold to them soon after he came to this
country. Before he went to Fort Schuyler, it had been sug-
1784. LETTERS. 105
gested, either in compliment or sincerity, that his presence and
influence might be of material service to the treaty. At Albany,
the same thing had been said to him by General Wolcot. On
his arrival at Fort Schuyler, Mr. Kirkland recommended an
exertion of his influence as of essential consequence to the treaty,
painting in the strongest colours the attachment of the Indians
to his person, which seemed indeed to be verified by their
caresses, and the artifices employed by the British partizans to
frustrate the objects of the treaty, among which was a pretext
that the alliance between the United States and France was
insincere and transitory, and, consequently, the respect of the
Indians for the latter ought to be no motive for their respecting
the former. Upon these circumstances, the Marquis grounded a
written message to the Commissioners before they got up, inti
mating his disposition to render the United States any service
his small influence over the Indians might put in his power, and
desiring to know what the Commissioners would chuse him to
say. The answer, in Mr. Lee's hand, consisted of polite ac
knowledgments, and information that the Commissioners would
be happy in affording him an opportunity of saying whatever
he- might wish, forbearing to advise or suggest what it would
be best for him to say. The Marquis perceived the caution,
but imputed it to Lee alone.
As his stay was to be very short, it was necessary for him to
take provisional measures before the arrival of the Commis
sioners, and particularly for calling in the Oneida Chiefs, who
were at their town. It fell to my lot to be consulted in his
dilemma. My advice was, that he should invite the Chiefs in
such a way as would give him an opportunity of addressing
them publicly, if on a personal interview with the Commission
ers it should be judged expedient, or of satisfying their expec
tations with a friendly entertainment in return for the civilities
his visit to their town had met with. This advice was ap
proved; but the Indians brought with them such ideas of his
importance as no private reception would probably have been
equal to. When the Commissioners arrived, the Marquis con
sulted them in person. They were reserved; he was embar-
WORKS OF MADISON. 1734.
rassed. Finally, they changed their plan, and concurred explicit
ly in his making a Speech in form. He accordingly prepared
one, communicated it to the Commissioners, and publickly pro
nounced it, the Commissioners premising such an one as was
thought proper to introduce his. The answer of the Sachems,
as well as the circumstances of the audience, denoted the high
est reverence for the orator. The Chief of the Oneidas said
that the word which he had spoken to them early in the war
had prevented them from being misled to the wrong side of it.
During this scene, and even during the whole stay of the Mar
quis, he was the only conspicuous figure. The Commissioners
were eclipsed. All of them probably felt it. Lee complained
to me of the immoderate stress laid on the influence of the Mar
quis, and evidently promoted his departure. The Marquis was
not insensible of it, but consoled himself with the service which
he thought the Indian Speech would witness that he had ren
dered to the United States. I am persuaded that the transac
tion is also pleasing to him in another view, as it will form a
bright column in the Gazettes of Europe. As it is blended
with the proceedings of the Commissioners, it will probably not
be published in America very soon.
The time I have lately passed with the Marquis has given me
a pretty thorough insight into his character. With great nat
ural frankness of temper, he unites much address and very con
siderable talents. In his politics, he says his three hobby-horses
are the alliance between France and the United States, the
union of the latter, and the manumission of the Slaves. The
two former are the dearer to him, as they are connected with
his personal glory. The last does him real honor, as it is a
proof of his humanity. In a word, I take him to be as amiable
a man as can be imagined, and as sincere an American as any
Frenchman can be; one whose past services gratitude obliges
us to acknowledge, and whose future friendship prudence re
quires us to cultivate.
The Committee of the States have never reassembled. The
case of Longchamps has been left both by the Legislative and
Executive of this State to its Judiciary course. He is sentenced
1784. LETTERS. 107
to a fine of 100 crowns, to two years7 imprisonment, and security
for good behaviour for seven years. On tuesday morning I set
off for Richmond, where I ought to be to-morrow, but some de
lays have put it out of my power.
The ramble I have taken has rather inflamed than extin
guished my curiosity to see the Northern and N. W. Country.
If circumstances be favorable, I may probably resume it next
summer. Present my compliments to Miss Patsy, for whom, as
well as yourself, Mrs. House charges me with hers. She has
lately had a letter from poor Mrs. Trist, every syllable of which
is the language of affection itself. She had arrived safe at the
habitation of her deceased Husband, but will not be able to
leave that country till the spring, at the nearest. The only
happiness she says she is capable of, is to receive proofs that her
friends have not forgotten her. I do not learn what is likely
to be the amount of the effects left by Mr. T.; former accounts
varied from 6 to 10,000 dollars.
I am, my dear Sir, yours very affect6'7.
TO JAMES MONROE.
RICHMOND, November — , 1784.
DEAR SIR, — Your favor without date was brought by thurs-
day's post. It inclosed a cypher, for which I thank you, and
which I shall make use of as occasion may require, though, from
the nature of our respective situations, its chief value will be
derived from your use of it. General Washington arrived here
on Sunday last, and the Marquis on thursday. The latter came
from Boston in a French frigate. They have both been ad
dressed and entertained in the best manner that circumstances
would admit. These attentions, and the balloting for public
offices, have consumed the greatest part of the past week. Mr.
Jones is put into the place of Mr. Short; Mr. Roane and Mr. M.
Selden are to go into those of Mr. M. Smith and Col. Chris
tian, who are the victims to that part of the Constitution which
108 WORKS OF MADISON. 1784.
directs a triennial purgation of the Council. The vote is not
to take effect till the Spring, but was made now in consequence
of the discontinuance of the spring session. The rejected Candi
dates were Col. Bland, Cyrus Griffin, G. Webb, W. C. Nicholas,
Mr. Breckenridge, Col. Carrington. The latter was within one
vote of Mr. Selden; Col. B., Mr. N., and Mr. B., had, as nearly
as I recollect, between 20 and 30 votes; Mr. G. & Mr. W.
very few. Mr. H. Innes, late Judge of the Kentucky Court,
is to succeed Walker Daniel, late Attorney General, in that
District. His competitor was Mr. Stuart, who was about 15
votes behind.
I am, dear sir, your's sincerely.
TO JAMES MONROE.
RICHMOND, November 14th, 1784.
DEAR SIR, — I had intended by this post to commence our
correspondence with a narrative of what' has been done and is
proposed to be done at the present Session of the General As
sembly, but, by your last letter to Mr. Jones, I find that it is
very uncertain whether this will get to Trenton before you leave
it for Virginia. I cannot, however, postpone my congratula
tions on your critical escape from the danger which lay in am
bush for you, and your safe return to Trenton. My ramble ex
tended neither into the dangers nor gratifications of yours. It
was made extremely pleasing by sundry circumstances, but
would have been more so, I assure you, Sir, if we had been eo-
temporarys in the route we both passed.
The Indians begin to be unquiet, we hear, both on the North
West and South East sides of the Ohio. The Spaniards are
charged with spurring on the latter. As means of obviating
the dangers, the House of Delegates have resolved to authorize
the Executive to suspend the surveying of land within the un-
purchased limits, and to instruct the Delegation to urge in Con
gress Treaties with the Southern Indians, and negociations
1781. LETTERS. 109
with Spain touching the Mississippi. They also propose to set
on foot surveys of Potowmac and James Rivers, from their falls
to their sources. But their principal attention has been, and is
still, occupied with a scheme proposed for a General Assess
ment; 47 have carried it against 32. In its present form it ex
cludes all but Christian sects. The Presbyterian Clergy have
remonstrated against any narrow principles, but indirectly favor
a more comprehensive establishment. I think the bottom will
be enlarged, and that a trial will be made of the practicability
of the project. The successor to Mr. Harrison is not yet ap
pointed or nominated. It is in the option of Mr. Henry, and I
fancy he will not decline the service. There will be three va
cancies in the Council, for which no nominations have been
made. Mr. C. Griffith will probably be named, and Mr. W.
Nicholas. Mr. Roane is also spoken of.
I am, dear sir, your's sincerely.
TO JAMES MONROE.
RICHMOND, Nov* 27th, 1784.
DEAR SIR, — Your favor of the 15th instant came to hand by
thursday's post. Mine by the last post acknowledged your pre
ceding one. The umbrage given to the Commissioners of the
United States by the negociations of New York with the In
dians was not altogether unknown to me, though I am less ac
quainted with the circumstances of it than your letter supposes.
The idea which I at present have of the affair leads me to say,
that as far as New York may claim a right of treating with In
dians for the purchase of lands within her limits, she has the
Confederation on her side; as far as she may have exerted that
right in contravention of the General Treaty, or even unconfi-
dentially with the Commissioners of Congress, she has violated
both duty and decorum. The federal Articles give Congress the
exclusive right of managing all affairs with the Indians not mem-
WORKS OF MADISON. 1784.
lers of any State, under a proviso, that the Legislative authority
of the State within its own limits be not violated. By Indians
not members of a State, must be meant those, I conceive, who
do not live within the body of the Society, or whose persons or
property form no objects of its laws. In the case of Indians of
this description, the only restraint on Congress is imposed by
the Legislative authority of the State.
If this proviso be taken in its full latitude, it must destroy
the authority of Congress altogether, since no act of Congress
within the limits of a State can be conceived which will not in
some way or other encroach upon the authority of the State.
In order, then, to give some meaning to both parts of the sen
tence, as a known rule of interpretation requires, we must re
strain this proviso to some particular view of the parties. What
was this view ? My answer is, that it was to save to the States
their right of pre-emption of lands from the Indians. My rea
sons are: 1. That this was the principal right formerly exerted
by the Colonies with regard to the Indians. 2. That it was a
right asserted by the laws as well as the proceedings of all of
them, and therefore, being most familiar, would be most likely
to be in contemplation of the parties. 3. That being of most
consequence to the States individually, and least inconsistent
with the general powers of Congress, it was most likely to be
made a ground of compromise. 4. It has been always said that
the proviso came from the Virginia Delegates, who would nat
urally be most vigilant over the territorial rights of their con
stituents. But whatever may be the true boundary between
the authority of Congress and that of New York, or however
indiscreet the latter may have been, I join entirely with you in
thinking that temperance on the part of the former will be the
wisest policy.
I concur with you equally with regard to the ignominious
secession at Annapolis. As Congress are too impotent to pun
ish such offences, the task must finally be left to the States, and
experience has shewn, in the case of Howell, that the interposi
tion of Congress against an offender, instead of promoting his
17,94. LETTERS. HI
chastisement, may give him a significaney which he otherwise
would never arrive at, and may induce a State to patronize an
act which of their own accord they would have punished.
I am sorry to find the affair of Mr. de Marbois taking so se
rious a face. As the insult was committed within the jurisdic
tion of Pennsylvania, I think you are right in supposing the
offender could not be transferred to another jurisdiction for
punishment. The proper questions, therefore, are: 1. Whether
the existing law was fully put in force against him by Pennsyl
vania? 2. Whether due provision has been made by that State
against like contingencies ? Nothing seems to be more difficult
under our new Governments than to impress on the attention
of our Legislatures a due sense of those duties which spring
from our relation to foreign nations.
Several of us have been labouring much of late in the General
Assembly here to provide for a case with which we are every
day threatened by the eagerness of our disorderly citizens for
Spanish plunder and Spanish blood. It has been proposed to
authorise Congress, whenever satisfactory proof shall be given
to them by a foreign power of such a crime being committed by
our citizens within its jurisdiction as by the law of Nations calls
for a surrender of the offender, and the foreign power shall
actually make the demand, [to require his surrender from the
Executive of the State,] and that the Executive may, at the in
stance of Congress, apprehend and deliver up the offender.
That there are offences of that class is clearly stated by Vattel
in particular, and that the business ought to pass through Con
gress is equally clear. The proposition was a few days ago
rejected in Committee of the whole. To-day, on the report of
the Committee, it has been agreed to by a small majority. This
is the most material question that has agitated us during the
week past.
The Bill for a Religious Assessment has not been yet brought
in. Mr. Henry, the father of the scheme, is gone up to his seat
for his family, and will no more sit in the House of Delegates —
a circumstance very inauspicious to his offspring. An attempt
112 WORKS OF MADISON. 1784
will be made for Circuit Courts, and Mr. Jones has it in contem
plation to try whether any change has taken place in the senti
ments of the House of Delegates on the subject of the Treaty.
He will write to you by this post, and I refer to him for what I
may have omitted.
With sincere regard and esteem, I am. dear sir, your friend
and serv1.
TO COL. JAMES MADISON.
RICHMOND, Novr 27th, 1784.
HOND SIR, — Having a moment's time to drop you a line, I in
form you that the Bill for confirming surveys against subsequent
entries has been negatived by a large majority, rather on the
principle that it was unnecessary and retrospective than that
it was unjust in itself. On the contrary, all the principal gen
tlemen were of opinion that it was just, but already provided for
by the law. Mr. limes, the late Judge of the Kentucky Court,
in particular, told me he thought such surveys could not be
overset. You will have heard of the vote in favor of the Gen
eral Assessment. The bill is not yet brought in, and I question
whether it will; or if so, whether it will pass. This day a vote
passed without a dissent for Circuit Courts. What opposition
may be made to its passage I know not.
TO JAMES MONROE.
RICHMOND, December 4th, 1784.
DEAR SIR, — On Saturday last a proposition was agreed to
for establishing Circuit Courts throughout this Commonwealth,
and yesterday a bill for that purpose was reported. On Wednes
day next it will undergo a discussion of the Committee of
the whole. The circumstances under which it has passed thus
1784. LETTERS. 113
far seem to promise a favorable issue, but the dangers which it
is yet to go through are formidable. They proceed from latent
and interested objections, which have on several former occa
sions proved fatal to similar attempts. The plan is pretty
analogous to the Nisi prius established in England.
On Tuesday, sundry propositions were made by Mr. Jones
in favor of the 4th Article of the Treaty of peace. They passed
by a large majority, with blanks as to the length of time to be
given for the payment of the principal, and for disallowing the
interest. The former was filled up with seven years, in prefer
ence to 10, 8, 6, and 5, which were contended for on different
sides. The latter, with the period between April 19th, 1775,
and March 3d, 1783, in preference to the period between the
first date and May, 1784, the date of the exchange of ratifica
tions. The bill will probably pass, but not, I fear, without some
improper ingredients, and particularly some conditions relative
to the North Western posts, or the Negroes, which lye without
our province.
The bill for the Religious Assessment was reported yesterday,
and will be taken up in a Committee of the whole next week.
Its friends are much disheartened at the loss of Mr. Henry.
Its fate is, I think, very uncertain. Another Act of the House
of Delegates during the present week is a direction to the Exec
utive to carry into effect the vote of a Bust to [of?] the Marquis
de Lafayette, to be presented to the City of Paris, and to cause
another to be procured to be set up in tins Country. These
resolutions are so contrived as to hide as much as possible the
circumstance in the original vote of the bust being to be pre
sented to the Marquis himself. I find by a letter from General
Washington that he was on the 28 ult. just setting out to
accompany the Marquis to Annapolis, and thence to Baltimore.
The latter may therefore soon be expected at Trenton. He
has been much caressed here, as well as everywhere else on his
Tour, and I make no doubt he will leave Congress with equal
reason to be pleased with his visit. I meant to have sent you
a copy of the Resolutions touching the Busts, but have been
disappointed in getting one. They were offered by Mr. Jones,
VOL. i. 8
WORKS OF MADISON. 1784.
and agreed to unanimously, as they no doubt will also be in the
Senate.
Wishing you all happiness, I aui, dear sir, your's sincerely.
TO JAMES MONROE.
RICHMOND, December 17th, 1784.
DEAR SIR- * * * * *
Our progress in the Revisal has been stopped by the waste
of time produced by the inveterate and prolix opposition of its
adversaries, and the approach of Christmas. The Bill propor
tioning crimes and punishments was the one at which we stuck,
after wading through the most difficult parts of it. A few sub
sequent bills, however, were excepted from the postponement.
Among these was the Bill for establishing Religious freedom,
which has got through the House of Delegates without altera
tion, though not without warm opposition. Mr. Mercer and
Mr. Corbin were the principal Combatants against it.
Mr. Jones is well.
With sincerity, I am, your affectionate friend.
TO JAMES MONROE.
RICHMOND, December 24th, 1784.
DEAR SIR, — Your favor of the 14th instant came to hand on
thursday. A proposition was made a few days ago for this
State to empower Congress to carry into effect the imposts, as
soon as twelve States should make themselves parties to it. It
was rejected on the following grounds: 1. That it would pre
sent a disagreeable aspect of our affairs to foreign Nations. 2.
That it might lead to other combinations of lesser numbers of
the States. 3. That it would render Rhode Island an inlet for
clandestine trade. 4. That it would sour her temper still
1784. LETTERS. 115
further, at a crisis when her concurrence in some general and
radical amendment of the Confederation may be invited by
Congress. 5. That the chance is almost infinitely against a
union of twelve States on such new ground, and consequently
the experiment would be only a fresh display of the jarring
policy of the States, and afford a fresh triumph and irritation
to Rhode Island.
The act empowering Congress to surrender Citizens of this
State to the Sovereign demanding them, for certain crimes com
mitted within his jurisdiction, has passed. Congress are to
judge whether the crimes be such as according to the Law of
Nations warrant such demand, as well as whether the fact be
duly proven. Concurrent provision is made for punishing such
offences by our own laws, in case no such demand be made to
or be not admitted by Congress, and legal proof can be had.
The latter law extends to offences against the Indians. As
these tribes do not observe the law of Nations, it was supposed
neither necessary nor proper to give up citizens to them. The
act is not suspended on the concurrence of any other State, it
being judged favorable to the interest of this though no other
should follow the example, and a fit branch of the federal pre
rogative. The Bill for Assize Courts has passed the Senate
without any material amendment, is enrolled, and waits only to
be examined by the Committee and signed by the Speakers.
The General Assessment, on the question for engrossing it, was
yesterday carried by 44 against 42. To-day its third reading
was put off till November next, by 45 against 37, or there
abouts, and it is to be printed for consideration of the people.
Much business is still on the table, but we shall probably rise
about New-year's day.
I am, dear sir, with sincere regard, your friend and serv*.
WORKS OF MADISON.
[Notes of speech made by Mr. Madison in the House of Delegates of Virginia,
at the autumnal session of 1784, in opposition to the General assessment Bill for
support 01 Religious teachers:]
I. Rel. not within purview of civil authority.
Tendency of estab8 Xnty. 1. To project of uniformity. 2.
To penal laws for support15 it.
Progress of Gen1 Asses1 proves this tendency.
Difference between establish8 and tolerating error.
True question not, Is Relig. necess7 ? but —
II. Are Rel. Estabts necess7 for religion ? No.
1. Propensity of man to Religion.
2. Experience shews relig. corrupted by Estab*8.
3. Downfall of States mentioned by Mr. Henry happened
where there was estab*.
4. Experience gives no model of Gen1 Assess*.
5. Case of Pa. explained; not solitary; N. J. See Constn of
it; R. I, N. J., D.
6. Case of primitive Xnty; of reformation; of Dissenters for
merly.
7. Progress of Religious liberty.
III. Policy.
1. Promote emigrations from State.
2. Prevent immigration into it, as asylum.
IV. Necessity of Estab* inferred from state of country; true
causes of disease.
1. War. ) Common to other States, and produce same
2. Bad laws. ) complaints in N. E.
3. Pretext from taxes.
4. State of Administration of justice.
5. Transition from old to new plan.
6. Policy and hopes of friends to G1 Assess*.
True remedies: Not Estab1. — but bring out of war.
1. Laws to cherish virtue.
2. Administration of justice.
3. Personal example. Associations for Rel.
4. By present vote cut off hope of Gen. Assess*.
1784. LETTERS. 117
5. Education of youth.
V. Probable defects of Bill when prepared.
What is Xnty ? courts of law to decide.
Is it Trinitarianisra, arianism, socinianism ? Is it salvation by
faith, or works also? <fec., &c., &c.
Ends in what is orthodoxy, what Heresy.
VI. Dishonors Christianity.
Panegyric on it, on our side.
Declan of Rights.
TO RICH0 H. LEE.
RICHMOND. 25 Dec., 1784.
DEAR SIR, — Be pleased to accept my congratulations on the
event which has given to your talents a station in which they
cannot fail to be equally useful to the public and honorable to
yourself.* I offer them with the greater pleasure, too, as such
an event is a proof that Congress have unfettered themselves
from a rule which threatened to exclude merit from a choice in
which merit only ought to prevail.
The assize Bill has, since my last, past into a law. The Sen
ate made no material change in it, but gave an almost unani
mous suffrage to it. The only hesitation with them was between
that plan and another, which would have rendered the circuit
courts independent of the general court. The former, which
follows the English model, unites the advantages of a trial of
facts, where facts can be ascertained with greatest certainty and
cheapness, with a decision of law, where such decision can be
made with most wisdom and uniformity. The advantage of the
latter consisted in removing the inconveniency of making up
the issues and awarding the judgments in the general court,
which it was supposed would increase expense, if not delay, and
particularly require the service of a double number of lawyers.
Experience will probably shew that the latter supposition is
exaggerated, and that the system preferred is at least the best
to begin with.
Mr. Lee had just been elected President of Congress.
WORKS OF MADISON. 173 1.
The general assessment bill was ordered to be engrossed by
forty-four against forty-two, and has since, by forty-five against
thirty-seven, been postponed till November next, and is to be
printed for immediate consideration. An act incorporating the
Episcopal church has passed in a form less offensive than the
one proposed at the last Session. The Bill for payment of Brit
ish debts was under debate yesterday; its passage seems prob
able, but there is reason to fear that attempts will yet be made
to trammel it. It still takes seven years for payment, though
the Glasgow merchants have signified their assent to four years.
The merchants of this town and Petersburg have remonstrated
against the idea of giving the British merchants a summary re
covery at the periods of the instalments. The Bill for opening
the Potowmac is suspended on the result of a conference. Gen
eral Washington. General Gates, and Colonel Blackburn, are
commissioned to hold conferences with Maryland on the sub
ject. A Bill for opening James River, on a different plan, has
passed the House of Delegates. A Bill will also probably
pass for surveying the waters of those two rivers to their
sources, the country between them and the western waters, and
the latter down to the Ohio. It will also probably provide for
a survey of the different routes for a communication between
the waters of Elizabeth River and those of North Carolina.
In the course of last week a proposition was made to em
power Congress to collect the Impost within this State [Vir
ginia] as soon as twelve States should unite in the scheme. The
arguments which prevailed against it were the unfavorable as
pect it would present to foreigners; the tendency of the example
to inferior combinations; the field it would open for contraband
trade; its probable effect on the temper of Rhode Island, which
might thwart other necessary measures requiring the unanimity
of the States; the improbability of the union of twelve States
on this new ground, a failure of which would increase the ap
pearance of discord in their policy, and give fresh triumph and
irritation to Rhode Island.
I have not yet found leisure to scan the project of a Conti
nental Convention with so close an eye as to have made up any
178A. LETTERS.
observations worthy of being mentioned to you. In general, I
hold it for a maxim, that the Union of the States is essential to
their safety against foreign danger and internal contention;
and that the perpetuity and efficacy of the present system can
not be confided in. The question therefore is, in what mode
and at what moment the experiment for supplying the defects
ought to be made. The answer to this question cannot be given
without a knowledge greater than I possess of the temper and
views of the different States. Virginia seems, I think, to have
excellent dispositions towards the Confederacy, but her assent
or dissent to such a proposition would probably depend on the
chance of its having no opponent capable of rousing the preju
dices and jealousies of the Assembly against innovations, par
ticularly such as will derogate from their own power and im
portance. Should a view of the other States present no objec
tions against the experiment, individually, I would wish none
to be presupposed here.
With great esteem and regard, I am, dear sir, your obt and
hum. serv1.
TO GENERAL WASHINGTON.
RICHMOND, January 1, 1785.
DEAR SIR, — I was yesterday honored with yours of the 28th
ultimo, accompanying the Report of the Conferees, <fcc., &c.
The latter has been laid before the House of Delegates, and a
committee appointed to report a Bill and Resolutions corres
ponding with those of Maryland. The only danger of miscar
riage arises from the impatience of the members to depart, and
the bare competency of the present number. By great efforts
only they have been detained thus long. I am not without
hopes, however, that the business of the Potowmac at least will
be provided for before the adjournment, and some provision now
depending be compleated in favor of James River. Before the
receipt of your dispatches a Bill had been passed by the House
120 WORKS OF MADISON.
of Delegates for surveying the former as well as the latter river,
on a plan which we shall endeavour, by concert with the Sen
ate, to accommodate to the provisions of Maryland. A Reso
lution has passed both Houses instructing the Commissioners,
appointed in June last to settle with Maryland Commissioners
the jurisdiction of the Potowmac, to join in a representation to
Pennsylvania on the subject of the waters of the Ohio within her
limits. This instruction ought rather to have been committed to
the late conference; but when the Commission, under which you
attended it, passed, I was confined to my room, and it did not
occur to any other member. And, indeed, if I had been well, the
haste which necessarily prevailed might have precluded me from
comprehending the object within your mission, especially as I
had not previously digested my ideas on the subject, nor accu
rately examined the text of the Confederation. It were to be
wished too, I think, that the application to Pennsylvania on the
subject of the road could have been blended with that of the
River. As it is, it will, I think, be best to refer it, after the
example of Maryland, to the Executive. I beg you, Sir, to ex
cuse the brevity which our hurry has imposed upon me. As
soon as I have leisure, I will endeavour to make amends by a
fuller communication on this subject.
TO JAMES MONROE.
RICHMOND, 8th January. 1785.
DEAR SIR, — Yours of the 18th ultimo came to hand yester
day. The view which it gives of the operations of the Cabinet
portends, I fear, a revival of those intrigues and contests of
ambition which have more than once distracted and dishonoured
the National Councils. Foreign appointments have generally
been the parents of those mischiefs, and ought for that reason,
when no other reasons oppose, to be rendered as unfrcquent as
may be.
The union between R. H. Lee and R. R. Livingston* would
* On the appointment of Mr. Jefferson to the Court of Spain.
17S5. LETTERS. 121
have been among the last of my predictions, nor can I fathom
the principle on which it is founded.
The policy of healing the variance between the United States
and Great Britain is no doubt obvious; but I cannot enter into
the suspicions entertained of hostile designs in the latter. Her
internal situation renders them extremely improbable, and the
affairs of Ireland, as I conceive, absolutely incredible. What
could she hope for or aim at ? If the late war was folly, a new
one for the same object would be downright phrensy. Her ill-
humour is the natural consequence of disappointed and disarmed
ambition, and her disregard of the Treaty may, if not be justi
fied, at least be accounted for by what has passed in the United
States. Let both parties do what neither can deny its obliga
tion to do, and the difficulty is at an end.
The contest with Spain has a more dangerous root. Not
only the supposed interests, but the supposed rights of the par
ties are in direct opposition. I hope, however, that both par
ties will ponder the consequences before they suffer amicable
negociation to become abortive. The use of the Mississippi is
given by nature to our Western Country, and no power on
Earth can take it from them. Whilst we assert our title to it,
therefore, with a becoming firmness, let us not forget that we
cannot ultimately be deprived of it, and that, for the present,
war is more than all things to be deprecated. Let us weigh
well, also, the object and the price, not forgetting that the At
lantic States, &c., &c I join in your wish that we had a
better Cypher, but Richmond yields as few resources for amend
ing ours as Trenton. I have not leisure myself, and can com
mand the assistance of no other person.
[Here the writer gives the same detail of the circumstances which prevented
the passage of the Bill respecting British debts as is contained in his letter of the
following day to Mr. Jefferson.]
It was unlucky that one of the two Bills thus lost should be
that which will be most likely to involve our public character.
Before this accident, we had passed the Bill for opening the
122 WORKS OF MADISON. 1783.
Potomac and a similar one for James River, together with a
third, presenting to Gen1 Washington a handsome portion of
shares in each of the companies, and had taken some other
measures for opening the commercial channel to the Western
Waters. As I shall not be in Richmond to receive any letters
which may be written hereafter, you will be so good as to ad
dress your future favors to Orange.
I am, dear sir, with sincerity, your friend and servant.
TO THOMAS JEFFERSON.
RICHMOND, January 9th, 1785.
DEAR SIR, — My last was dated in Philadelphia, October 17th.
I reached this place on the 14th day after that fixed for the
meeting of the Assembly, and was in time for the commence
ment of business. Yesterday put an end to the tedious session.
According to my promise, I subjoin a brief review of its most
material proceedings.
This act was carried through the House
An act for the estab
lishment of Courts of of Delegates against much secret repug
nance, but without any direct and open op
position. It luckily happened that the latent opposition wanted
both a mouth and a head. Mr. Henry had been previously
elected Governor, and was gone for his family. From his con
versation since, I surmise that his presence might have been
fatal. The act is formed precisely on the English pattern, and
is nearly a transcript from the bill originally penned in 1776
by Mr. Pendleton, except that writs sent blank from the Clerk
of General Court are to issue in the district, but returned to
General Court. In the Senate it became a consideration whether
the Assize Courts ought not to be turned into so many Courts
of independent and complete jurisdiction, and admitting an
appeal only to the Court of Appeals. If the fear of endanger
ing the bill had not checked the experiment, such a proposition
would probably have been sent down to the House of Delegates,
1785. LETTERS 123
where it would have been better relished by many than the
Assize plan. The objections made to the latter were, that as it
required the issues to be made up and the judgments to be
awarded in the General Court, it was but a partial relief to
suitors, and might render the service of double sets of lawyers
necessary. The friends of the plan thought these inconveni
ences, as far as they were real, outweighed by the superior
wisdom and uniformity of decisions incident to the plan; not to
mention the difference in the frequency of appeals incident to
the different plans. In order to leave as few handles as possi
ble for cavil, the bill omitted all the little regulations which
would follow of course, and will therefore need a supplement.
To give time for this provision, as well as by way of collecting
the mind of the public, the commencement of the law is made
posterior to the next session of assembly. The places fixed for
the Assize Courts are Northumberland Court House, Willianis-
burg, Accomack Court House, Suffolk, Richmond, Petersburg,
Brunswick Court House, King and Queen Court House, Prince
Edward Court House, Bedford Court House, Montgomery and
Washington C* Houses alternately, Staunton, Charlottesville,
Fredericksburg, Dumfries, Winchester, and Monongalia Court
House. Besides the judicial advantages hoped from this inno
vation, we consider it as a means of reconciling to our Govern
ment the discontented extremities of the State.
The subject of clearing these great riv-
An act for opening . °
and extending the navi- ers was brought lorward early in the bes-
gationofPotowmacriv- sioilj undcr the auspices Of General Wash-
An act for do. do. of ington, who had written an interesting pri
vate letter on it to Governor Harrison,
which the latter communicated to the General Assembly. The
conversation of the General, during a visit paid to Richmond
in the course of the Session, still further impressed the magni
tude of the object on sundry members. Shortly after his de
parture, a joint memorial from a number of Citizens of Virginia
and Maryland, interested in the Potowmac, was presented to
the Assembly, stating the practicability and importance of the
work, and praying for an act of incorporation, and grant of
I
124 WORKS OF MADISON. 17S5.
perpetual toll to the undertakers of it. A bill had been pre
pared at the same meeting which produced the memorial, and
was transmitted to Richmond at the same time. A like memo
rial and bill went to Annapolis, where the Legislature of Mary
land were sitting.
The Assembly here lent a ready ear to the project; but a dif
ficulty arose from the height of the tolls proposed, the danger
of destroying the uniformity essential in the proceedings of the
two States by altering them, and the scarcity of time for nego-
ciating with Maryland a bill satisfactory to both States. Short
as the time was, however, the attempt was decided on, and the
negociation committed to General Washington himself. Gen
eral Gates, who happened to be in the way, and Col. Blackburn,
were associated with him. The latter did not act; the two
former pushed immediately to Annapolis, where the sickness of
General Gates threw the whole agency on General Washing
ton. By his exertions, in concert with Committees of the two
branches of the Legislature, an amendment of the plan was
digested in a few days, passed through both houses in one day,
with nine dissenting voices only, and despatched for Richmond,
where it arrived just in time for the close of the Session. A
corresponding act was immediately introduced, and passed with
out opposition.
The scheme declares that the subscribers shall be an incorpo
rated body; that there shall be 500 shares, amounting to about
220,000 dollars, of which the States of Virginia and Maryland
are each to take 50 shares; that the tolls shall be collected in
three portions, at the three principal falls, and with the works
vest as real estate in the members of the Company; and that the
works shall be begun within one year and finished within ten
years, under the penalty of entire forfeiture.
Previous to the receipt of the act from Annapolis, a bill on
a different plan had been brought in and proceeded on for
clearing James River. It proposed that subscriptions should
be taken by Trustees, and, under their management, solemnly
appropriated to the object in view; that they should be regarded
as a loan to the State, should bear an interest of 10 per cent.,
1785. LETTERS. 125
and should entitle the subscriber to the double of the principal
remaining undischarged at the end of a moderate period; and
that the tolls to be collected should stand inviolably pledged
for both principal and interest. It was thought better for the
public to present this exuberant harvest to the subscribers than
to grant them a perpetuity in the tolls. In the case of the
Potowmac, which depended on another authority as well as our
own, we were less at liberty to consider what would be best in
itself. Exuberant, however, as the harvest appeared, it was
pronounced by good judges an inadequate bait for subscriptions,
even from those otherwise interested in the work, and on the
arrival and acceptance of the Potowmac plan, it was found
advisable to pass a similar one in favor of James River. The
circumstantial variations in the latter are: 1. The sum to be
aimed at in the first instance is 100,000 Dollars only. 2. The
shares, which are the same in number with those of Potowmac,
are reduced to 200 dollars each, and the number of public shares
raised to 100. 3. The tolls are reduced to half of the aggre
gate of the Potowmac tolls. 4. In case the falls at this place,
where alone tolls are to be paid, shall be first opened, the Com
pany are permitted to receive the tolls immediately, and con
tinue to do so till the lapse of ten years, within which the whole
river is to be made navigable. 5. A right of pre-emption is
reserved to the public on all transfers of shares. These acts
are very lengthy, and having passed in all the precipitancy
which marks the concluding stages of a session, abound, I fear,
with inaccuracies.
In addition to these acts, joint resolutions have passed the
Legislatures of Maryland and Virginia for clearing a road from
the head of the Potowmac navigation to Cheat river, or if
necessary to Monongalia, and 3, 333^ Dollars are voted for the
work by each State.* Pennsylvania is also to be applied to by
the Governors of the two States for leave to clear a road
through her jurisdiction, if it should be found necessary, from
Potowmac to Yohogania; to which the Assembly here have
* Jour., p. 91.
126 WORKS OF MADISON. 1785.
added a proposition to unite with Maryland in representing to
Pennsylvania the advantages which will accrue to a part of her
citizens from opening the proposed communication with the Sea,
and the reasonableness of her securing to those who arc to be
at the expence the use of her waters as a thoroughfare to and
from the Country beyond her limits, free from all imposts and
restrictions whatever, and as a channel of trade with her citi
zens, free from greater imposts than may be levied on any other
channel of importation.* This Resolution did not pass till it
was too late to refer it to General Washington's negotiations
with Maryland. It now makes a part of the task allotted to
the Commissioners who are to settle with Maryland the juris
diction and navigation of Potowmac, below tide water. By
another Resolution of this State, persons are to be forthwith
appointed by the Executive to survey the upper parts of James
River, the country through which a road must pass to the navi
gable waters of New River, and these waters down to the
Ohio.t I am told by a member of the Assembly, who seems to
be well acquainted both with the intermediate ground and with
the western waters in question, that a road of 25 or 30 miles in
length will link these waters with James River, and will strike
a branch of the former which yields a fine navigation, and falls
into the main stream of the Kenhawa below the only obstruc
tions lying in this river down to the Ohio. If these be facts,
James River will have a great superiority over Potowmac, the
road from which to Cheat river is, indeed, computed by General
Washington at 20 miles only, but he thinks the expence of
making the latter navigable will require a continuation of the
road to Monongalia, which will lengthen it to 40 miles. The
road to Yohogania is computed by the General at 30 miles.
By another resolution, Commissioners are to be appointed to
survey the ground for a canal between the waters of Elizabeth
river and those of North Carolina, and in case the best course
for such a canal shall require the concurrence of that State, to
concert a joint plan and report the same to the next session of
* Jour., p. 101. f Idem, p. 102.
1785. LETTERS. 127
Assembly.* Besides the trade which will flow through this
channel from North Carolina to Norfolk, the large district of
Virginia watered by the Roanoake will be doubled in its value
by it.
An act vesting in G. The Treasurer is by this actf directed
Washington a certain in- to subscribe 50 shares in the Potowmac
terest in the Companies
for opening James and and 100 shares m the James River Com
panies, which shall vest in General Wash
ington and his heirs. This mode of adding some substantial to
the many honorary rewards bestowed on him was deemed least
injurious to his delicacy, as well as least dangerous as a prece
dent. It was substituted in place of a direct pension, urged on
the House by the indiscreet zeal of some of his friends. Though
it will not be an equivalent succour in all respects, it will save
the General from subscriptions which would have oppressed his
finances; and if the schemes be executed within the period fixed,
may yield a revenue for some years before the term of his. if At
all events, it will demonstrate the grateful wishes of his Country,
and will promote the object which he has so much at heart.
The earnestness with which he espouses the undertaking is
hardly to be described, and shews that a mind like his, capable
of great views, and which has long been occupied with them,
cannot bear a vacancy; and surely he could not have chosen an
occupation more worthy of succeeding to that of establishing
the political rights of his Country than the patronage of works
for the extensive and lasting improvement of its natural advan
tages; works which will double the value of half the lands
within the Commonwealth, will extend its commerce, link with
its interests those of the Western States, and lessen the emigra
tion of its citizens by enhancing the profitableness of situations
which they now desert in search of better.
An act to discharge Our successive postponements had thrown
the people of this Com- the whole tax of 1784 on the year 1785.
monwealtb from one . . "
half of the tax for the The remission, therefore, still leaves three
year 1785. halves to be collected. The plentiful crops
* Jour., p. 102. f Jour., p. 105-6-7. J Sic in MS.
128 WORKS OF MADISON 1785.
on hand both of Corn and Tobacco, and the price of the latter,
which is vibrating on this river between 36s. and 40s., seem
to enable the country to bear the burden. A few more plen
tiful years, with steadiness in our councils, will put our credit
on a decent footing. The payments from this State to the
Continental treasury between April, 1783, and November,
1784, amount to £123,202 11s. 1-Jd., Virginia currency. The
printed report herewith inclosed will give you a rude idea of
our finances.
J. Rumsey, by a memorial to the last
An act giving James * J
Rumsey the exclusive session, represented that he had invented
I±^J&££ * mechanism by which a boat might be
tain boats for a limited worked with little labor, at the rate of
from 25 to 40 miles a day, against a stream
running at the rate of 10 miles an hour, and prayed that the
disclosure of his invention might be purchased by the public.
The apparent extravagance of his pretensions brought a ridi
cule upon them, and nothing was done. In the recess of the
Assembly, he exemplified his machinery to General Washington
and a few other gentlemen, who gave a certificate of the reality
and importance of the invention, which opened the ears of the
Assembly to a second memorial. The act gives a monopoly for
ten years, reserving a right to abolish it at any time by paying
£10,000. The inventor is soliciting similar acts from other
States, and will not, I suppose, publish the secret till he either
obtains or despairs of them.
This act authorises the surrender of a
An act for punishing ... „ n . ... . .
certain offences injuri- citizen to a foreign Sovereign within whose
thTs Commomv^th7 °f ackno ^ledged jurisdiction the citizen shall
commit a crime, of which satisfactory proof
shall be exhibited to Congress, and for which, in the judgment
of Congress, the law of nations exacts such surrender. This
measure was suggested by the danger of our being speedily em
broiled with the nations contiguous to the United States, par
ticularly the Spaniards, by the licentious and predatory spirit
of some of our western people. In several instances gross out
rages are said to have been already practiced. The measure
1785. LETTERS. 129
was warmly patronized by Mr. Henry and most of the forensic
members, and no less warmly opposed by the Speaker and some
others. The opponents contended that such surrenders were
unknown to the law of nations, and were interdicted by our
declaration of rights. Yattel, however, is express as to the
case of Robbers, murderers, and incendiaries. Grotius quotes
various instances in which great offenders have been given up
by their proper Sovereigns to be punished by the offended Sov
ereigns. Puffendorf only refers to Grotius. I have had no
opportunity of consulting other authorities.
With regard to the Bill of rights, it was alledged to be no
more, or, rather, less violated by considering crimes committed
against other laws as not falling under the notice of our own, and
sending our citizens to be tried where the cause of trial arose,
than to try them under our own laws without a jury of the vicin
age, and without being confronted with their accusers or wit
nesses; as must be the case, if they be tried at all for such offences
under our own laws. And to say that such offenders should
neither be given up for punishment, nor be punished within their
own Country, would amount to a licence for every aggression,
and would sacrifice the peace of the whole community to the
impunity of the worst members of it. The necessity of a qual
ified interpretation of the bill of rights was also inferred from
the law of the Confederacy which requires the surrender of our
citizens to the laws of other States, in cases of treason, felony,
or other high misdemesnors. The act provides, however, for a
domestic trial in cases where a surrender may not be justified
or insisted upon, and in cases of aggressions on the Indians.
An act for incorpora- This act Declares the Ministers and Ves-
ting the Protestant Epis- tries, who are to be triennially chosen in
each parish, a body corporate, enables them
to hold property not exceeding the value of £800 per annum,
and gives sanction to a Convention, which is to be composed of
the clergy and a lay deputy from each parish, and is to regulate
the affairs of the Church. It was understood by the House of
Delegates that the Convention was to consist of two laymen for
VOL. i. 9
130 WORKS OF MADISON. 1785.
each clergyman, and an amendment was received for that ex
press purpose. It so happened that the insertion of the amend
ment did not produce that effect, and the mistake was never
discovered till the bill had passed and was in print. Another
circumstance still more singular is, that the act is so construed
as to deprive the vestries of the uncontrolled right of electing
Clergymen, unless it be referred to them by the canons of the
Convention, and that this usurpation actually escaped the eye
both of the friends and adversaries of the measure, both parties
taking the contrary for granted throughout the whole progress
of it. The former, as well as the latter, appear now to be dis
satisfied with what has been done, and will probably concur in
a revision, if not a repeal of the law. Independently of these
oversights, the law is in various points of view exceptionable.
But the necessity of some sort of incorporation for the purpose
of holding and managing the property of the Church could not
well be denied, nor a more harmless modification of it now ob
tained. A negative of the bill, too, would have doubled the
eagerness and the pretexts for a much greater evil, a general
Assessment, which, there is good ground to believe, was parried
by this partial gratification of its warmest votaries.
A Resolution for a legal provision for the "teachers of th-e
Christian Religion " had early in the session been proposed by
Mr. Henry, and, in spite of all the opposition that could be
mustered, carried by 47 against 32 votes. Many petitions from
below the blue ridge had prayed for such a law; and though
several from the Presbyterian laity beyond it were in a contrary
stile, the Clergy of that sect favored it. The other sects seemed
to be passive. The Resolution lay some weeks before a bill
was brought in, and the bill some weeks before it was called
for; after the passage of the incorporating act it was taken up,
and, on the third reading, ordered by a small majority to be
printed for consideration. The bill, in its present dress, pro
poses a tax of blank per cent, on all taxable property, for sup
port of Teachers of the Christian Religion. Each person when
he pays his tax is to name the society to which he dedicates it,
1785. LETTERS. 131
and in case of refusal to do so, the tax is to be applied to the
maintenance of a school in the County. As the bill stood for
some time, the application in such cases was to be made by the
Legislature to pious uses. In a committee of the whole it was
determined, by a majority of 7 or 8, that the word " Christian "
should be exchanged for the word " Religious." On the report
to the House, the pathetic zeal of the late Governor Harrison
gained a like majority for reinstating discrimination. Should
the bill pass into a law in its present form, it may and will be
easily eluded. It is chiefly obnoxious on account of its dishon
orable principle and dangerous tendency.
The subject of the British debts underwent a reconsideration
on the motion of Mr. Jones. Though no answer had been re
ceived from Congress to the Resolutions passed at the last ses
sion, a material change had evidently taken place in the mind
of the Assembly, proceeding in part from a more dispassionate
view of the question, in part from the intervening exchange of
the ratifications of the Treaty. Mr. Henry was out of the way.
His previous conversation, I have been told, favored the recon
sideration; the Speaker, the other champion at the last session
against the Treaty, was at least half a proselyte. The propo
sition rejected interest during the period of blank, and left the
periods of payment blank. In this form it was received with
little opposition, and by a very great majority. After much
discussion and several nice divisions, the first blank was filled
up with the period between the 19 of April, 1775, and the 3d
of March, 1783, the commencement and cessation of hostilities;
and the second, with seven annual payments. Whilst the bill
was depending, some proceedings of the Glasgow Merchants
were submitted to the House of Delegates, in which they signi
fied their readiness to receive their debts in four annual pay
ments, with immediate security and summary recoveries at the
successive periods, and were silent as to the point of interest.
Shortly after were presented memorials from the Merchants of
this Town and Petersburg, representing the advantage which a
compliance with the Glasgow overtures would give the foreign
over the domestic creditors. Very little attention seemed to be
132 WORKS OF MADISON. 1785.
paid by the House to the overtures, tho', as the Treaty was not
to be literally pursued, the shadow of assent from the other
party ,vas worthy of being attended to. In the Senate, the bill
met with a diversity of opinions. By a majority of one voice
only an attempt to put all our domestic debts on the same foot
ing with British debts was lost. Whether this was sincere, or
a side blow at the bill, I am unable to say. An attempt was
next made to put on the same footing all those who left this
Country and joined the other side, or who remained within the
British territories for one year at any time since the 19th April,
1775, or who refused a tender of paper money before January,
1779. These discriminations were almost unanimously disagreed
to by the House of Delegates. The Senate insisted. The former
proposed a conference. The Senate concurred. The Conference
produced a proposition from the House of Delegates, to which
the Senate assented; but before the assent was notified, an inci
dent happened which has left the bill in a very singular situa
tion.
The delays attending this measure had spun it out to the day
preceding the one prefixed for a final adjournment. Several
of the members went over to Manchester in the evening, with
an intention, it is to be presumed, of returning the next morn
ing. The severity of the night rendered their passage back the
next morning impossible. Without them there was no house.
The impatience of the members was such as might be supposed.
Some were for stigmatizing the absentees and adjourning. The
rest were some for one thing, some for another. At length it
was agreed to wait until the next day. The next day presented
the same obstructions in the river. A canoe was sent over for
enquiry by the Manchester party, but they did not chuse to
venture themselves. The impatience increased; warm resolu
tions were agitated. They ended, however, in an agreement to
wait one day more. On the morning of the third day the pros
pect remained the same. Patience could hold out no longer,
and an adjournment to the last day of March ensued. The
question to be decided is, whether a bill which has passed the
House of Delegates, and been assented to by the Senate, but
LETTERS. 133
not sent down to the House of Delegates, nor enrolled, nor ex
amined, nor signed by the two Speakers, and consequently not
of record, is or is not a law? A bill for the better regulation
of the customs is in the same situation.
After the passage of the Bill for British debts through the
House of Delegates, a bill was introduced for liquidating the
depreciated payments into the Treasury, and making the debtors
liable for the deficiency. A foresight of this consequential step
had shewn itself in every stage of the first bill. It was opposed
by Governor Harrison principally, and laid asleep by the refu
sal of interested members to vote on the question, and the want
of a quorum without them.
Among the abortive measures may be mentioned, also, a prop
osition to authorise the collection of the impost by Congress as
soon as the concurrence of twelve States should be obtained.
Connecticut had set the example in this project. The proposi
tion was made by the Speaker, and supported by the late Gov
ernor. It was disagreed to by a very large majority on the
following grounds: 1. The appearance of a schism in the Con
federacy which it would present to foreign eyes. 2. Its ten
dency to combinations of smaller majorities of the States. 3.
The channel it would open for smuggling; goods imported into
Rhode Island in such case might not only be spread by land
through the adjacent States, but if slipped into any neighbour
ing port, might thence be carried, duty-free, to any part of the
associated States. 4. The greater improbability of a union of
twelve States on such new ground than of the conversion of
Rhode Island to the old one. 5. The want of harmony among
the other States which would be betrayed by the miscarriage
of such an experiment, and the fresh triumph and obstinacy
which Rhode Island would derive from it.
The French vice Consul in this State has complained to the
Assembly that the want of legal power over our Sheriffs, Goal-
ers, and prisons, both renders his decrees nugatory, and ex
poses his person to insults from dissatisfied litigants. The As
sembly have taken no step whatever on the subject, being at a
loss to know what ought to be done, in compliance either with
134 WORKS OF MADISON. 1783.
general usage or that of France in particular. I have often
wondered that the proposed Convention between France and
the United States for regulating the consular functions has
never been executed. The delay may prove unfriendly both to
their mutual harmony and their commerce.
Mr. Henry was elected successor to Mr. Harrison without
competition or opposition. The victims to the article requiring
a triennial removal of two counsellors were Merriwether Smith
and General Christian. Young Mr. Roane and Mr. Miles Sel-
den take their places. Mr. Short's place is filled by Mr. Joseph
Jones.
Nothing has passed during the session concerning an amend
ment of the State Constitution. The friends of the undertaking
seem to be multiplying rather than decreasing. Several Peti
tions from the Western side of the Blue ridge appeared in favor
of it, as did some from the Western side of the Alleghany pray
ing for a separate Government. The latter may be considered
all of them as the children of Arthur Campbell's ambition. The
Assize Courts and the opening of our rivers are the best answers
to them.
The Revisal has but just issued from the press. It consists
of near 100 folio pages in a small type. I shall send you six
copies by the first opportunity. £500 was voted at the Spring
Session to each of the acting members of the Committee, but no
fund having been provided for payment, no use could be made
of the warrants. I drew yours, however, and carried them up
to Orange, where they now lye. A vote of this Session has pro
vided a fund which gives them immediate value. As soon as I
get home I shall send the dead warrants to Mr. Nich8 Lewis,
who may exchange them for others, and draw the money from
the Treasury.
1785. LETTERS. 135
TO EDMUND RANDOLPH.
ORANGE, March 10th. 1785.
MY DEAR SIR, — Your favor of the 12th ult. canie safe to
hand through the conveyance of Capt. Barber, together with
the several articles inclosed. The letter from Mr. Jefferson
speaks of the state of things on the llth of November on the
other side of the Atlantic as follows: "The lamp of war is
kindled here, not to be extinguished but by torrents of blood.
The firing of the Dutch on an Imperial vessel going down the
Scheld has been followed by the departure of the Imperial Min
ister from the Hague without taking leave. Troops are in mo
tion on both sides towards the Scheld, but probably nothing
will be done till the Spring. This Court has been very silent
as to the part they will act. Yet their late Treaty with Hol
land, as well as a certainty that Holland would not have pro
ceeded so far without assurance of aid, furnish sufficient ground
to conclude they will side actively with the Republic. The
King of Prussia, it is believed, will do the same. He has
patched up his little disputes with Holland and Dantzic. The
prospect is, that Holland, France, Prussia, and the Porte, will
be engaged against the two Imperial Courts. England, I think,
will remain neutral. Their hostility has attained an incredible
height. Notwithstanding this, they expect to keep our trade
and cabotage to themselves by the virtue of their proclamation.
They have no idea that we can so far act in concert as to estab
lish retaliating measures. Their Irish affairs will puzzle them
extremely. Should things get into confusion there, perhaps they
will be more disposed to wish a friendly connection with us.
The Congress which met on the 25th of October consisted of
deputies from 8 Counties only. They came to resolutions on
the reform of Parliament and adjourned to the 20th of January,
recommending to the other Counties to send deputies then."
I learn from an intelligent person lately from Kentucky, that
the Convention there produced nothing but a statement of griev
ances and a claim of redress. The topic of independence was
not regularly brought forward at all, and scarcely agitated
WORKS OF MADISON.
without doors. It is supposed that the late extension of the
tax on patents, which, as it stood before, is on the list of griev
ances, will turn the scale in favor of that measure.
TO MARQUIS FAYETTE.
ORANGE, March 20th, 178.3.
MY DEAR SIR. — Your favour of the 15th, continued on the
17th of December, came very slowly, but finally safe to hand.
The warm expressions of regard which it contains are extremely
flattering to me; and the more so as they so entirely correspond
with my own wishes for everything which may enter into your
happiness.
You have not erred in supposing me out of the number of
those who have relaxed their anxiety concerning the navigation
of the Mississippi. If there be any who really look on the use
of that river as an object not to be sought or desired by the
United States, I cannot but think they frame their policy on
both very narrow and very delusive foundations. It is true, if
the States which are to be established on the waters of the Mis
sissippi were to be viewed in the same relation to the Atlantic
States as exists between the heterogeneous and hostile Societies
of Europe, it might not appear strange that a distinction, or
even an opposition of interests, should be set up. But is it
true that they can be viewed in such a relation? Will the set
tlements which are beginning to take place on the branches of
the Mississippi be so many distinct societies, or only an expan
sion of the same society? So many new bodies, or merely the
growth of the old one ? Will they consist of a hostile or a for
eign people, or will they not be bone of our bone and flesh of
our flesh ? Besides the confederal band within which they will
be comprehended, how much will the connection be strength
ened by the ties of friendship, of marriage, and consanguinity ?
ties which, it may be remarked, will be even more numerous
between the ultramontane and the Atlantic States than between
1785. LETTERS. 137
any two of the latter. But viewing this subject through the
medium least favorable to my ideas, it still presents to the
United States sufficient inducements to insist on the navigation
of the Mississippi. Upon this navigation depends essentially
the value of that vast field of territory which is to be sold for
the benefit of the common Treasury; and upon the value of this
territory, when settled, will depend the portion of the public
burdens of which the old States will be relieved by the new.
Add to this the stake which a considerable proportion of those
who remain in the old States will acquire in the new by adven
tures in land, either on their own immediate account or that of
their descendants.
Nature has given the use of the Mississippi to those who may
settle on its waters, as she gave to the United States their
independence. The impolicy of Spain may retard the former,
as that of Great Britain did the latter. But as Great Britain
could not defeat the latter, neither will Spain the former. Na
ture seems on all sides to be reasserting those rights which have
so long been trampled on by tyranny and bigotry. Philosophy
and Commerce are the auxiliaries to whom she is indebted for
her triumphs. Will it be presumptuous to say, that those na
tions will shew most wisdom, as well as acquire most glory,
who, instead of forcing her current into artificial channels, en
deavour to ascertain its tendency and to anticipate its effects?
If the United States were to become parties to the occlusion of
the Mississippi, they would be guilty of treason against the
very laws under which they obtained and hold their national
existence.
The repugnance of Spain to an amicable regulation of the
use of the Mississippi is the natural offspring of a system which
everybody but herself has long seen to be as destructive to her
interest as it is dishonorable to her character. An extensive
desert seems to have greater charms in her eye than a flourish
ing but limited empire: nay, than an extensive, flourishing em
pire. Humanity cannot suppress the wish that some of those
gifts which she abuses were placed by just means in hands that
would turn them to a wiser account. What a metamorphosis
138 WORKS OP MADISON. 1785.
would the liberal policy of France work in a little time on the
Island of New Orleans? It would to her be a fund of as much
real wealth as Potosi has been of imaginary wealth to Spain.
It would become the Grand Cairo of the new World.
The folly of Spain is not less displayed in the means she em
ploys than in the ends she prefers. She is afraid of the growth
and neighbourhood of the United States, because it may endan
ger the tranquility of her American possessions; and to obviate
this danger she proposes to shut up the Mississippi. If her
prudence bore any proportion to her jealousy, she would sec
that if the experiment were to succeed it would only double
the power of the United States to disturb her, at the same time
that it provoked a disposition to exert it; she would see that
the only offensive weapon which can render the United States
truly formidable to her is a navy, and that if she could keep their
inhabitants from crossing the Appalachian ridge, she would only
drive to the Sea most of those swarms which would otherwise
direct their course to the Western Wilderness. She should re
flect, too, that as it is impossible for her to destroy the power
which she dreads, she ought only to consult the means of pre
venting a future exertion of it. What are those means? Two,
and two only. The first is a speedy concurrence in such a
treaty with the United States as will produce a harmony, and
remove all pretexts for interrupting it. The second, which
would in fact result from the first, consists in favouring the ex
tension of their settlements. As these become extended, the
members of the Confederacy must be multiplied, and along with
them the wills which are to direct the machine. And as the
wills multiply, so will the chances against a dangerous union
of them. We experience every day the difficulty of drawing
thirteen States into the same plans. Let the number be doubled,
and so will the difficulty. In the multitude of our Counsellors,
Spain may be told, lies her safety.
If the temper of Spain be unfriendly to the views of the Uni
ted States, they may certainly calculate on the favorable senti
ments of the other powers of Europe, at least of all such of them
as favored our Independence. The chief advantages expected
1783. LETTERS. 139
in Europe from that event center in the revolution it was to
produce in the commerce between the new and the old World.
The commerce of the United States is advantageous to Europe
in two respects: first, by the unmanufactured produce which
they export; secondly, by the manufactured imports which they
consume. Shut up the Mississippi and discourage the settle
ments on its waters, and what will be the consequence? First, a
greater quantity of subsistence must be raised within the ancient
settlements, the culture of tobacco, indigo, and other articles for
exportation, be proportionably diminished, and their price pro-
portionably raised on the European consumer. Secondly, the
hands without land at home being discouraged from seeking it
where alone it could be found, must be turned in a great degree
to manufacturing, our imports proportionably diminished, and a
proportional loss fall on the European manufacturer. Establish
the freedom of the Mississippi, and let our emigrations have free
course, and how favorably for Europe will the consequence be
reversed? First, the culture of every article for exportation
will be extended, and the price reduced in favor of her con
sumers. Secondly, our people will increase without an increase
of our manufacturers, and in the same proportion will be in
creased the employment and profit of hers.
These consequences would affect France, in common with the
other commercial nations of Europe; but there are additional
motives which promise the United States her friendly wishes and
offices. Not to dwell on the philanthropy which reigns in the
heart of her Monarch, and which has already adorned his head
with a crown of laurels, he cannot be inattentive to the situa
tion into which a controversy between his antient and new
allies would throw him, nor to the use which would be made
of it by his watchful adversary. Will not all his councils, then,
be employed to prevent this controversy; will it not be seen, as
the pretensions of the parties directly interfere, it can be pre
vented only by a dissuasive interposition on one side or the
other; that on the side of the United States such an interposi
tion must, from the nature of things, be unavailing; or if their
pretensions for a moment be lulled, they would but awake with
140 WORKS OF MADISON.
fresh energy, and, consequently, that the mediating influence of
France ought to be turned wholly on the side of Spain? The
influence of the French Court over that of Spain is known to
be great. In America it is supposed to be greater than per
haps it really is. The same may be said of the intimacy of the
Union between the two nations. If this influence should not
be exerted, this intimacy may appear to be the cause. The
United States consider Spain as the only favorite of their Ally
of whom they have ground to be jealous; and whilst France
continues to hold the first place in their affections, they must at
least be mortified at any appearance that the predilection may
not be reciprocal.
The Mississippi has drawn me into such length, that I fear
you will have little patience left for anything else. I will spare
it as much as possible. I hear nothing from Congress except
that Mr. Jay has accepted his appointment, and that no successor
has yet been chosen to Doctor Franklin. Our Legislature made
a decent provision for remittances due for 1785 from Virginia
to the Treasury of the United States, and very extensive pro
vision for opening our inland navigation. They have passed
an act vesting in General Washington a considerable interest
in each of the works on James River and Potowmac, but with
an honorary rather than lucrative aspect. Whether he will
accept it or not I cannot say. I meant to have sent you a copy
of the Act, but have been disappointed in getting one from Rich
mond. They also passed an act for reforming our juridical
System, which promises salutary effects; and did not pass the
act for the corrupting our Religious s}T?tem. Whether they
passed an act for paying British debts or not they do not know
themselves. Before the bill for that purpose had got through
the last usual forms, the want of members broke up the House.
It remains, therefore, in a situation which has no precedent, and
without a precedent lawyers and legislators are as much at a
loss as a mariner without his compass.
The subjects in which you interested yourself were all re
ferred to the Executive with power to do, what I hope they
will do better than the Assembly. I understood before I left
1785. LETTERS. 141
Richmond that you would receive officially from the Governor
a copy of the Resolutions which I sent you. I received a letter
a few days ago from Mr. Mercer, written in the bosom of wed
lock at Mr. Sprigg's; another at the same time from Monroe,
who was well at New York. I have nothing to say of myself
but that I have exchanged Richmond for Orange, as you will
have seen by the above date; that I enjoy a satisfactory share
of health; that I spend the chief of my time in reading, and the
chief of my reading, on Law; that I shall hear with the great
est pleasure of your being far better employed; and that I am.
with most affectionate esteem, your obt friend and serv*.
TO JAMES MONROE.
ORAXGE, March 21st. 1785.
DEAR SIR — **********
I do not wonder at the paragraph which you have copied from
Mr. Jay's letter to Congress. His feelings are such as every
one must possess who is worthy of the station which he holds.
If the Office of foreign affairs be a proper one, and properly
filled, a reference of all foreign despatches to it in the first in
stance is so obvious a course, that any other disposition of them
by Congress seems to condemn their own establishment, to af
front the Minister in office, and to put on him a label of caution
against that respect and confidence of the Ministers of foreign
powers which are essential to his usefulness. I have always
conceived the several ministerial departments of Congress to
be provisions for aiding their counsels as well as executing
their resolutions, and that consequently, whilst they retain the
right of rejecting the advice which may come from either of
them, they ought not to renounce the opportunity of making use
of it. The foreign department is, I am sensible, in several re
spects the most difficult to be regulated, but I cannot think the
question arising on Mr. Jay's letter is to be numbered among
the difficulties. The practice of Congress during the adminis-
142 WORKS OF MADISON.
tration of his predecessor was never fixed, and frequently im
proper, and I always suspected that his indifference to the place
resulted, in part at least, from the mortifications to which this
unsteadiness subjected him.
You will not be disappointed at the barrenness which is hence
to mark the correspondence on my part. In the recess of the
Legislature few occurrences happen which can be interesting,
and, in my retired situation, few even of these fall within my
knowledge. The situation of Mr. Jones will probably make
his correspondence a more productive one. He has probably
already mentioned to you the advances which Kentucky was
said to be making towards an independent Government. It is
certain that a Convention has been held, which might have been
set on foot with an eye to such an event; but I learn from an
intelligent person lately from that district, that its deliberations
turned altogether on the pressure of certain acts of the General
Assembly, and terminated in a vote of application for redress.
He supposes, however, that the late extension of the tax on
patents will give a successful handle to those who wish to accel
erate a separation. This tax as it stood before was in the first
class of their grievances.
You will, I expect, receive this from the hands of Mr. Burn
ley, a young gentleman of my neighborhood, who has passed
with reputation thro7 Mr. Wythe's School, and has since taken
out his forensic diploma. Your civilities to him will be well
placed, and will confer an obligation on me. If Col. Grayson
has recovered from the gout, which, I hear, arrested him in the
moment of his intended departure, and is with you, be so kind
as to make my best respects to him.
1 am, dear sir, with sincere regard and esteem, your obedient
friend and serv.
1785. LETTERS. 143
TO JAMES MONROE.
ORANGE, April 12th, 1785.
DEAR SIR — *
The appointment of Mr. Adams to the Court of Great Britain
is a circumstance which does not contradict my expectations;
nor can I say that it displeases me. Upon Geographical con
siderations New England will always have one of the principal
appointments, and I know of no individual from that quarter
who possesses more of their confidence, or would possess more
of that of the other States; nor do I think him so well fitted
for any Court of equal rank as that of London. I hope it has
removed all obstacles to the establishment of Mr. Jefferson at
the Court of France.
Will not Congress soon take up the subject of Consular ar
rangements? I should suppose them at least of equal moment
at present with some of the higher appointments which are likely
to occupy them. Our friend Mr. Maury is waiting, with a very
inconvenient suspension of his other plans, the event of the offer
he has made of his services. I find he considers Ireland as the
station next to be desired after that of England. He conceives,
and I believe very justly, that the commercial intercourse be
tween that Country and this will be very considerable, and
merits our particular cultivation.
I suppose, from your silence on the subject, that the Western
posts are still in the hands of Great Britain. Has the subject
of the vacant lands to be disposed of been revived? What
other measures are on foot or in comtemplation for paying off
the public debts? What payments have been made of late into
the public Treasury? It is said here that Massachusetts is
taking measures for urging Rhode Island into the Impost, or
rendering the Scheme practicable without her concurrence. Is
it so?
How many of the States have agreed to change the 8th Article
of the Confederation? The Legislature of this State passed a
law for complying with the provisional Act of Congress for
executing that article as it now stands; the operation of which
114 WORKS OF MADISON. 178,3.
confirms the necessity of changing the article. The law re
quires, as the Act of Congress does among other things, a list
of the Houses. If the list does not discriminate the several
kinds of Houses, how can Congress collect from it the value of
the improvements, how do justice to all their constituents?
And how can a discrimination be made in this country, where
the variety is so infinite and so unsusceptible of description ?
If Congress govern themselves by number alone, this Country
will certainly appeal to a more accurate mode of carrying the
present rule of the confederation into practice. The average
value of the improvements in Virginia is not one-fourth, perhaps
not one-tenth, of that of the improvements in Pennsylvania or
New England. Compare this difference with the proportion
between the value of improvements and that of the soil, and
what an immense loss shall we be taxed with? The number of
buildings will not be a less unjust rule than the number of acres
for estimating the respective abilities of the States.
The only proceeding of the late Session of Assembly which
makes a noise through the Country is that which relates to a
General Assessment. The Episcopal people are generally for
it, though I think the zeal of some of them has cooled. The
laity of the other sects are equally unanimous on the other side.
So are all the Clergy, except the Presbyterian, who seem as
ready to set up an establishment which is to take them in as
they were to pull down that which shut them out. I do not
know a more shameful contrast than might be found between
their memorials on the latter and former occasion.
In one of your letters received before I left Richmond you
expressed a wish for a better cypher. Since my return to
Orange I have been able to get one made out, which will answer
every purpose. I will either enclose it herewith or send it by
the gentleman who is already charged with a letter for you. I
wish much to throw our correspondence into a more regular
course. I would write regularly every week if I had a regular
conveyance to Fredericksburg. As it is, I will write as often
as I can find conveyances. The business of this neighborhood
which used to go to Fredericksburg is in a great measure
1785. LETTERS. 145
turned towards Richmond, which is too circuitous a channel.
Opportunities in every direction, however, will be henceforward
multiplied by the advance of the season. If you are not afraid
of too much loading the mail, I could wish you to enclose in
your letters the last N. Y. or Philadelphia paper.
I am, dear Sir, yours most sincerely.
TO THOMAS JEFFERSON.
ORANGE, April 27th, 1785.
DEAR SIR, — I have received your two favors of Novr llth
and December 8th. Along with the former I received the two
pamphlets on animal magnetism and the last aeronautic expe
dition, together with the phosphoretic matches. These articles
were a great treat to my curiosity. As I had left Richmond
before they were brought thither by Col. Le Maire, I had no
opportunity of attending myself to your wishes with regard to
him; but I wrote immediately to Mr. Jones, and desired him to
watch over the necessities of Le Maire. He wrote me for an
swer that the Executive, though without regular proof of his
claims, were so well satisfied from circumstances of the justice
of them, that they had voted him <£150 for his relief 'till the
Assembly could take the whole into consideration. This infor
mation has made me easy on the subject, though I have not
withdrawn from the hands of Mr. Jones the provisional re
source.
I thank you much for your attention to my literary wants.
All the purchases you have made for me are such as I should
have made for myself with the same opportunities. You will
oblige me by adding to them the Dictionary, in 13 vol., 4°, by
Felice and others. Also, de Thou, in French. If the utility of
Moreri be not superseded by some better work, I should be glad
to have him, too. I am afraid, if I were to attempt a catalogue
of my wants, I should not only trouble you beyond measure, but
VOL. i. 10
146 WORKS OF MADISON. ITS').
exceed the limits which other considerations ought to prescribe
to me. I cannot, however, abridge the commission you were
so kind as to take on yourself in a former letter, of procuring
me from time to time such books as may be either "old and
curious, or new and useful." Under this description will fall
those particularized in my former letters, to wit : Treatises on
the ancient or modern Federal Republics, on the Law of Na
tions, and the History, natural and political, of the new World;
to which I will add such of the Greek and Roman authors,
where they can be got very cheap, as are worth having, and
are not on the common list of school classics. Other books
which particularly occur are the translation (French) of the
historians of the Roman Empire during its decline, by - — ;
Pascal's provincial letters; Don Ulloa in the original; Lin
naeus' best edition; Ordonnauces ^Jarines; Collection of Tract,?
in French on the economies of different nations, I forget the full
title. It is much referred to by Smith on the Wealth of Nations.
I am told a Monsr Amelot has lately published his travels into
China, which, if they have any merit, must be very entertaining.
Of Buffon, I have his original work of 31 vols., 10 vols. of sup
plement, and 16 vols. on birds. I shall be glad of the contin
uation as it may from time to time be published.
I am so pleased with the new invented lamp that I shall not
grudge two guineas for one of them. I have seen a pocket
compass of somewhat larger diameter than a watch, and which
may be carried in the same way. It has a spring for stopping
the vibration of the needle when not in use. One of these would
be very convenient in case of a ramble into the Western coun
try. In my walks for exercise or amusement objects frequently
present themselves which it might be matter of curiosity to in
spect, but which it is difficult or impossible to approach. A
portable glass would consequently be a source of many little
gratifications. I have fancied that such an one might be fitted
into a case without making it too heavy. On the outside of
the tube might be engraved a scale of inches, &c. If such a
project could be executed for a few guineas, I should be willing
1785. LETTERS. 147
to submit to the price; if not, the best substitute, I suppose,
will be a pocket telescope, composed of several tubes so con
structed as to slide the lesser into the greater.
I should feel great remorse at troubling you with so many
requests if your kind and repeated offers did not stifle it in
some measure. Your proposal for my replacing here advances
for me without regard to the exchange is liable to no objec
tion, except that it will probably be too unequal in my favour.
I beg that you will enable me as much as you can to keep these
little matters balanced.
The papers from Le Grand were sent, as soon as I got them,
to Mr. Jones, with a request that he would make the use of
them which you wished me to do.
Your remarks on the tax on transfers of land in a general
view appear to me to be just, but there were two circumstances
which gave a peculiarity to the case in which our law adopted
it. One was, that the tax will fall much on those who are eva
ding their quotas of other taxes by removing to Georgia and
Kentucky; the other, that as such transfers are more frequent
among those who do not remove in the Western than the East
ern part of the Country, it will fall heaviest where direct taxes
are least collected. With regard to the tax in general on law
proceedings, it cannot, perhaps, be justified, if tried by the strict
rule which proportions the quota of every man to his ability;
time, however, will gradually in some measure equalize it, and
if it be applied to the support of the Judiciary establishment,
as was the ultimate view of the periods of the tax, it seems to
square very well with the Theory of taxation.
The people of Kentucky had lately a Convention, which it
was expected would be the mother of a separation. I am in
formed they proceeded no farther than to concert an address to
the Legislature on some points in which they think the laws
bear unequally upon them. They will be ripe for that event, at
least as soon as their interest calls for it. There is no danger
of a concert between them and the Counties West of the Al-
leghany, which we mean to retain. If the latter embark in
a scheme for independence, it will be on their own bottom.
148 WORKS OF MADISON. 1785.
They are more disunited in every respect from Kentucky than
from Virginia.
I have not learnt with certainty whether General Washing
ton will accept or decline the shares voted him by the Assembly
in the companies for opening our rivers. If he does not chuse
to take to himself any benefit from the donation, he has, I think,
a fine opportunity at once of testifying his disinterested pur
poses, of shewing his respect for the Assembly, and of render
ing a service to his Country. He may accept the gift so far as
to apply it to the scheme of opening the rivers, and may then
appropriate the revenue which it is hereafter to produce to some
patriotic establishment. I lately dropped a hint of this sort to
one of his friends, and was told that such an idea had been sug
gested to him. The private subscriptions for Potowmac, I hear,
amount to £1 0,000 Sterling. I cannot discover that those for
James River deserve mention, or that the undertaking is pushed
with any spirit. If those who are most interested in it let slip
the present opportunity, their folly will probably be severely
punished for the want of such another. It is said the under
taking on the Susquehannah by Maryland goes on with great
spirit and expectations. I have heard nothing of Rumsey or
his boats since he went into the Northern States. If his ma
chinery for stemming the current operates on the water alone,
as is given out, may it not supply the great desideratum for
perfecting the balloons?
I understand that Chase and Jenifer on the part of Maryland,
Mason and Henderson on the part of Virginia, have had a meet
ing on the proposition of Virginia for settling the navigation
and jurisdiction of Potowmac below the falls, and have agreed
to report to the two Assemblies the establishment of a concur
rent jurisdiction on that river and Chesapeake. The most am
icable spirit is said to have governed the negociation.
The Bill for a general Assessment has produced some fer
mentation below the mountains, and a violent one beyond them.
The contest at the next session on this question will be a warm
and precarious one. The port bill will also undergo a fiery
trial. I wish the Assize Courts may not partake of the dan-
1785. LETTERS. 149
ger. The elections, as far as they have come to my knowledge,
are likely to produce a great proportion of new members. In
Albemarle, young Mr. Fry has turned out Mr. Carter. The late
Governor Harrison, I hear, has been baffled in his own county,
but meant to be a Candidate in Surry, and in case of a rebuif
there, to throw another die for the borough of Norfolk. I do
not know how he construes the doctrine of residence. It is
surmised that the machinations of Tyler, who fears a rivalship
for the Chair, are at the bottom of his difficulties. Arthur Lee
is elected in Prince William. He is said to have paved the way
by promises to overset the port bill, which is obnoxious to Dum
fries, and to prevent the removal of the Assize Court from this
town to Alexandria.
I received a letter from the Marquis Fayette, dated on the
eve of his embarcation, which has the following paragraph: " I
have much conferred with the General upon the Potowmac sys
tem. Many people think the navigation of the Mississippi is
not an advantage, but it may be the excess of a very good thing,
viz: the opening of your rivers. I fancy it has not changed
your opinion, but beg you will write me on the subject; in the
meanwhile I hope Congress will act coolly and prudently by
Spain, who is such a fool that allowances must be made." It
is unlucky that he should have left America with such an idea
as to the Mississippi. It may be of the worst consequence, as
it is not wholly imaginary, the prospect of extending the Com
merce of the Atlantic States to the Western waters having
given birth to it. I cannot believe that many minds are tainted
with so illiberal and short-sighted a policy. I have thought it
not amiss to write the Marquis according to the request of his
letter, and have stated to him the motives and obligations which
must render the United States inflexible on the subject of the
Mississippi, the folly of Spain in contesting it, and our expec
tations from the known influence of France over Spain, and her
friendly dispositions toward the United States. It is but jus
tice to the Marquis to observe that, in all our conversations on
the Mississippi, he expressed with every mark of sincerity a zeal
for our claims and a pointed dislike to the National Character
150 WORKS OF MADISON. 1785.
and policy of Spain; and that if his zeal should be found to
abate, I should construe it to be the effect of a supposed revolu
tion in the sentiments of America.
This would have been of somewhat earlier date, but I
postponed it that I might be able to include some information
relative to your Nephews. My last informed you that your
eldest was then with Mr. Maury. I was so assured by Mr.
Underwood, from his neighborhood, who I supposed could not
be mistaken; I afterwards discovered that he was so, but could
get no precise information 'till within a few days. One of my
brothers being called into that part of country by business, I
wrote to Mrs. Carr, and got him to wait on her. The answer
with which I have been favored imports that " her eldest son
was taken last fall with a fever, which, with repeated relapses,
kept him extremely weak and low 'till about the 1st of January,
from which time he was detained at home by delays in equip
ping him for Williamsburg 'till the 1st of April, when he set
out with promises to make up his lost time; that her youngest
son had also been detained at home by ill health till very lately,
but that he would certainly go to the academy as soon as a va
cation on hand was over; that his time had not been entirely
lost, as his brother was capable of instructing him whenever his
health would admit." Mr. Maury's school is said to be very
flourishing. Mr. Wythe and the other gentlemen of the Univer
sity have examined it from time to time, and published their
approbation of its management. I cannot speak with the same
authority as to the Academy in Prince Edward. The informa
tion which I have received has been favorable to it. In the
recommendation of these seminaries I was much governed by
the probable permanency of them; nothing being more ruinous
to education than the frequent interruptions and change of
masters and methods incident to the private schools of this
country.
Our winter has been full of vicissitudes, but, on the whole, far
from being a severe one. The spring has been uncommonly cold
and wet, and vegetation, of course, very backward, till within a
few days, during which it has been accelerated by very uncom-
1785. LETTERS 151
mon heat. A pocket thermometer which stands on the second
floor and the N. W. side of the house was, on the 24th inst., at
4 o'clock, at 77°; on the 25th, at 78; on the 26th, at 81J; to-day,
the 27th, at 82. The weather during this period has been fair,
and the wind S; the atmosphere thick N. W.; our wheat in the
ground is very unpromising throughout the country. The price
of that article on tide-water is about 6.9. Corn sells in this part
of the country at 10s. and under; below, at 15s.; and where the
insect prevailed, as high as 20s. It is said to have been raised
by a demand for exportation. Tobacco is selling on Rappahan-
nock at 32s., and Richmond at 37s. 6c£. It is generally ex
pected that it will at least get up to 40s. Some of our peaches
are killed, and most of our cherries; our apples are as yet safe.
I cannot say how it is with the fruit in other parts of the coun
try. The mischief to the cherries, &c., was done on the night
of the 20th, when we had a severe black frost.
I cannot take my leave of you without making my acknowl
edgements for the very friendly invitation contained in your
last. If I should ever visit Europe, I should wish to do it less
stinted in time than your plan proposes. This crisis, too, would
be particularly inconvenient, as it would break in upon a
course of reading which, if I neglect now, I shall probably never
resume. I have some reason, also, to suspect that crossing the
sea would be unfriendly to a singular disease of my constitu
tion. The other part of your invitation has the strongest bias
of my mind on its side, but my situation is as yet too dependent
on circumstances to permit my embracing it absolutely. It
gives me great satisfaction to find that you are looking forward
to the moment which is to restore you to your native country,
though considerations of a public nature check my wishes that
such an event may be expedited.
Present my best respects to Mr. Short and Miss Patsy, and
accept of the affectionate regards of, Dear Sir, your sincere
friend.
What has become of the subterraneous city discovered in
Siberia?
152 WORKS OF MADISON. 1785.
Deaths: — Thompson Mason, Bartholomew Dandridge, Ryland
Randolph, Joseph Reed of Philadela.
TO JAMES MONROE.
ORANGE, April 28th, 1785.
DEAR SIR, — I have written several letters within a little time
past, which were sent to you partly by the post, partly by Mr.
Burnley, a young gentleman of this county. In one of the let
ters I enclosed a cypher, which will serve all the purposes of
our future correspondence. This covers a letter from Mr. Jef
ferson, which you will be so good as to forward by the first
packet or other equally eligible conveyance. Our elections, as
far as I hear, are likely to produce a great proportion of new
members. In some counties they are influenced by the Bill for
a general assessment. In Culpeper, Mr. Pendleton, a worthy
man, and acceptable in his general character to the people, was
laid aside in consequence of his vote for the Bill, in favor of an
adversary to it. The delegates from Albemarle are your friend
Mr. W. C. Nicholas and Mr. Fry. Mr. Carter stood a poll, but
fell into the rear. The late Governor Harrison, I am told, has
been baffled in his own County, meant to be a candidate for
Surry, and in case of a rebuff there to throw another die for
the Borough of Norfolk. I do not know how he proposes to
satisfy the doctrine of residence.
I hear frequent complaints of the disorders of our coin, and
the want of uniformity in the denominations of the States. Do
not Congress think of a remedy for these evils? The regula
tion of weights and measure seem also to call for their atten
tion. Every day will add to the difficulty of executing these
works. If a mint be not established and a recoinage effected
-while the federal debts carry the money through the hands of
Congress, I question much whether their limited powers will
ever be able to render this branch of their prerogative effectual.
With regard to the regulation of weights and measures, would
it not be highly expedient, as well as honorable to the federal
1785. LETTERS. 153
administration, to pursue the hint which has been suggested by
ingenious and philosophical men, to wit: that the standard of
measure should be first fixed by the length of a pendulum vibra
ting seconds at the Equator or any given latitude; and that the
standard of weights should be a cubical piece of gold, or other
homogeneous body, of dimensions fixed by the standard of
measure? Such a scheme appears to be easily reducible to prac
tice; and as it is founded on the division of time, which is the
same at all times and in all places, and proceeds on other data
which are equally so, it would not only secure a perpetual uni
formity throughout the United States, but might lead to univer
sal standards in these matters among nations. Next to the in-
conveniency of speaking different languages, is that of using
different and arbitrary weights and measures.
I am, dear sir, your affectionate friend.
TO JAMES MONROE.
ORANGE, May 29th, 1785.
DEAR SIR, — Your favor of May — came to hand a few days
ago. It is fortunate that the variant ideas have been so easily
accommodated touching the mode of surveying and selling the
territorial fund. It will be equally so, I think, if you can dis
possess the British of the Western posts before the land office
is opened. On this event and the navigation of the Mississippi
will much depend the fiscal importance of the back country to
the United States. The amount of the proposed requisition
will, I fear, startle those to whom it will be addressed. The
use of certificates as a medium for discharging the interest of
the home debt is a great evil, though I suppose a necessary
one. The advantage it gives to Sharpers and Collectors can
scarcely be described, and what is more noxious, it provokes
violations of public faith more than the weight of the Burden
itself. The 1,000,000 dollars to be paid in specie, and the
greatest part of it to be sent abroad, will equally try the virtue
154 WORKS OF MADISON. 1785.
of the States. If they do not flinch, however, they will have
the satisfaction of coming out of the trial with more honor,
though with less money.
I have lately heard that the Kentucky Delegates will be in
structed to propose to the next session the separation of that
Country from this, and its being handed over to Congress for
admission into the Confederacy. If they pursue their object
through this channel, they will not only accomplish it without
difficulty, but set a useful example to other Western settlements
which may chuse to be lopped off from other States. My in
formation as to this matter is not authentic, but such as I am
inclined to believe true. I hear, also, that a State is actually
set up in the back country of North Carolina, that it is organ
ized, named, and has deputed representatives to Congress.
It gives me much pleasure to observe by 2 printed reports
sent me by Col. Grayson, that, in the latter, Congress had ex
punged a clause contained in the first, for setting apart a dis
trict of land in each Township for supporting the Religion of
the majority of inhabitants. How a regulation so unjust in
itself, so foreign to the authority of Congress, so hurtful to the
sale of the public land, and smelling so strongly of an anti
quated Bigotry, could have received the countenance of a Com
mittee, is truly matter of astonishment. In one view it might
have been no disadvantage to this State, in case the General
Assessment should take place, as it would have given a repel
lent quality to the new Country in the estimation of those whom
our own encroachments on Religious liberty would be calcu
lated to banish to it. But the adversaries to the assessment
begin to think the prospect here flattering to their wishes. The
printed bill has excited great discussion, and is likely to prove
the sense of the community to be in favor of the liberty now
enjoyed. I have heard of several Counties where the late rep
resentatives have been laid aside for voting for the Bill, and
not of a single one where the reverse has happened. The Pres
byterian Clergy, too, who were in general friends to the scheme,
are already in another tone, either compelled by the laity of
that sect, or alarmed at the probability of further interferences
1785. LETTERS. 155
of the Legislature if they once begin to dictate in matters of
Religion.
I am, dear sir, your's affectionately.
TO JAMES MONROE.
ORANGE, 21 June, 1785.
DEAR SIR, — Finding from a letter of Mr. Mazzei that you
have never been furnished with a copy of the Bill for establish
ing the Christian Religion in this State, I now inclose one,
regretting that I had taken it for granted that you must have
been supplied through some other channel. A very warm op
position will be made to this innovation by the people of the
middle and back Counties, particularly the latter. They do
not scruple to declare it an alarming usurpation on their fun
damental rights, and that though the General Assembly should
give it the form, they will not give it the validity of a law. If
there be any limitation to the power of the Legislature, partic
ularly if this limitation is to be sought in our Declaration of
Rights or form of Government. I own the Bill appears to me to
warrant this language of the people.
A gentleman of credit lately from Kentucky tells me that he
fell in with two persons on the Ohio, who were going down the
River in the character of Commissioners from Georgia, author
ized to demand from the Spanish Governor of New Orleans the
posts within the limits of that State, and a settlement of the
boundary in general between it and the Spanish possessions.
The Gentleman did not see their Commission, but entertains no
doubt of their having one. He was informed that two others
were joined in it, who had taken a different route. Should
there be no mistake in this case, you will no doubt be able to
get a full account of the Embassy. I would willingly suppose
that no State could be guilty either of so flagrant an outrage
on the federal Constitution, or of so imprudent a mode of pur-
puing their claims against a foreign nation.
WORKS OF MADISON. 1785.
I observe in a late Newspaper that the commercial discon
tents of Boston are spreading to New York and Philadelphia.
Whether they will reach Virginia or not, I am unable to say.
If they should, they must proceed from a different interest; from
that of the planters, not that of the Merchants. The present
system here is as favorable to the latter as it is ruinous to the
former. Our trade was never more compleatly monopolized by
Great Britain, when it was under the direction of the British
Parliament, than it is at this moment. But as our Merchants
are almost all connected with that Country, and that only, and
as we have neither ships rior seamen of our own, nor likely to
have any in the present course of things, no mercantile com
plaints are heard. The planters are dissatisfied, and with rea
son; but they enter little into the science of commerce, and
rarely of themselves combine in defence of their interests. If
any thing could rouse them to a proper view of their situation,
one might expect it from the contrast of the market here with
that of other States. Our staple has of late been as low as a
guinea per hundred on Rappahannock, and not above 32 or 33
Shillings on James River. The current prices in Philadelphia
during the same period have been 44 shillings of this currency
for tobacco of the latter inspections, and in like proportion for
that of the former.
The prices of imports of every kind in those two markets
furnish a contrast equally mortifying to us. I have not had the
same information from other States northward of us, but I have
little doubt that it would teach us the same lesson. Our planters
cannot suffer a loss of less than fifty per cent, on the staple of
the country, if to the direct loss in the price of the staple be
added their indirect loss in the price of what they purchase
with their staple. It is difficult, notwithstanding, to make them
sensible of the utility of establishing a Philadelphia or* a Bal
timore among ourselves, as one indispensable step towards re
lief; and the difficulty is not a little increased by the pains
taken by the merchants to prevent such a reformation, and by
* By concentrating our commerce at Alexandria and Norfolk, the objoct of
the port Bill.
178:.. LETTERS. 157
the opposition arising from local views. I have been told that
Arthur Lee paved the way to his election in Prince William by
promising that, among other things, he would overset the Port
bill. Mr. Jefferson writes me that the Port Bill has been pub
lished in all the Gazettes in Europe, with the highest approba
tion every where except in Great Britain. It would indeed be
as surprising if she should be in favor of it, as it is that any
among ourselves should be against it. I see no possibility of
engaging other nations in a rivalship with her without some
such regulation of our commerce.
TO R. H. LEE.
ORANGE, July 7th, 1785.
DEAR SIR, — Your favonr of the 30th of May came to hand
yesterday only, having lain some time in Fredericksburg, and
finally came to Orange, via Albemarle.
I agree perfectly with you in thinking it the interest of this
country to embrace the first decent opportunity of parting with
Kentucky, and to refuse with firmness to part with any more
of our settlements beyond the Alleghany. It seems necessary,
however, that this first instance of a voluntary dismemberment
of a State should be conducted in such a manner as to form a
salutary precedent. As it is an event which will indirectly
affect the whole Confederacy, Congress ought clearly to be
made a party to it, either immediately, or by a proviso that the
partition act shall not take effect till the actual admission of
the new State into the Union. No interval whatever should be
suffered between the release of our hold on that Country and
its taking on itself the obligations of a member of the federal
body. Should it be made a separate State without this precau
tion, it might possibly be tempted to remain so, as well with
regard to the U. S. as to Virginia, by two considerations: 1.
The evasion of its share of the general debt. 2. The allure
ment which an exemption from taxes would prove to the citizens
of States groaning under them. It is very possible that such a
158 WORKS OF MADISON. 1785.
policy might in the end prove a disadvantageous one, but the
charms of ambition, and, at present, interest, too, often prevail
against the cool remonstrances of true policy. May we not,
also, with justice, require that a reasonable portion of the par
ticular debt of Virginia should be assumed by that part of Vir
ginia which is to set up for itself?
The arrival of Mr. Gardoqui will turn out, I hope, an auspi
cious step towards conciliating explanations and overtures with
regard to the Mississippi. Besides the general motives for ex
pediting an adjustment of this matter, the prodigious effect of
it on the sale of the back lands makes it of peculiar importance.
The same consideration presses for such arrangements with G.
B. as will give us speedy possession of the Western posts. As
to the commercial arrangements which we wish from her, I own
my expectations are far from being sanguine. In fact, what
could she get from us by concessions, which she is unwilling to
make, which she does not now enjoy?
I cannot speak with certainty as to all the States, but sure I
am that the trade of this was never more completely monopo
lized by her when it was under the direction of her own laws
than it is at this moment. Our present situation, therefore,
precisely verifies the doctrine held out in Deane's intercepted
letters. The revolution has robbed us of our trade with the
West Indies, the only one which yielded us a favorable balance,
without opening any other channels to compensate for it. What
makes the British monopoly the more mortifying, is the abuse
which they make of it. Not only the private planters, who
have resumed the practice of shipping their own Tobacco, but
many of the merchants, particularly the natives of the country,
who have no connections with G. B., have received accts of sales
this season, which carry the most visible and shameful frauds
in every article.
In every point of view, indeed, the trade of this country is in
a deplorable condition. A comparison of current prices here
with those in the Northern States, either at this time or at any
time since the peace, will shew that the loss direct on our pro
duce, and indirect on our imports, is not less than fifty per cent.
1785. LETTERS. 159
Till very lately the price of our staple has been down at 32 and
33s 3n James River; at 28s. on Rappahannock. During the
same period, the former was selling in Philadelphia, and I sup
pose in other Northern ports, at 44s. of this currency, and the
latter in proportion; though it cannot be denied that Tobacco
in the Northern ports is intrinsically worth less than it is here,
being at the same distance from its ultimate market, and bur
dened with the freight from this to the other States. The price
of merchandize here is at least as much above as that of To
bacco is below the Northern standard. *
We have had throughout the month of June, and until this
time, very hot and very wet weather. The effect of it on upland
corn has been favorable, but much the reverse on that of the
flats. It has given full opportunity to the planters to pitch
their crops of Tobacco, but though many of them have repeated
this operation several times, the grasshoppers and other noxious
insects have been so uncommonly troublesome that in many
places the prospect is likely to be much abridged. Should this
not be the case, the efforts of the country must produce the
greatest crop that has been seen since the peace. Our Wheat
in this part of the country is very indifferent. How it may be
in others I cannot say, but believe the complaints are pretty
general.
With the highest esteem and regard, Dear Sir, your obt and
very humble serv.
TO EDMUND RANDOLPH.
ORANGE, July 26th, 1785.
MY DEAR FRIEND, — Your favour of the 17th inst., inclosing a
letter from Mr. Jones and a copy of the ecclesiastical Journal,
came safe to hand. If I do not dislike the contents of the lat
ter, it is because they furnish, as I conceive, fresh and forcible
arguments against the General Assessment. It may be of little
consequence what tribunal is to judge of clerical misdemeanors
160 WORKS OF MADISON. 1785.
o~ \ow firmly the incumbent may be fastened on the parish,
whilst the vestry and people may hear and pay him or not, as
they like. But should a legal salary be annexed to the title,
this phantom of power would be substantiated into a real mon
ster of oppression. Indeed, it appears to be so at present as
far as the Glebes and donations extend. I had seen some par
cels of these proceedings before I received your letter, and had
remarked the sprinklings of liberality to which you allude.
My conjectures, I believe, did not err as to the quarter from
which -they came.
The urgency of General Washington in the late negociation
with Maryland makes it probable, I think, that he will feel
some chagrin at the inattention to that with Pennsylvania,
which has a much nearer connection with his favorite object,
and was, moreover, suggested by himself. Shortly after the
date of my last I dropped a few lines to Col. Mason, reminding
him that some report will be expected from the Commissioners
by the Assembly, as well as of the real importance of the busi
ness. I have not yet received any answer, and begin to sus
pect that my letter may have miscarried. Your information
leads me to doubt whether he has ever been furnished with a
copy of the Resolution under which he is to proceed. I will
write to him again, and inclose one which Mr. Jones sent me.
I have a letter from the Marquis, but dated as far back as
March. It was accompanied with a Copy of a French memo
rial to the Emperor, which seems to have stifled the War in its
birth; and an Extract from a late work of Mr. Neckar, which
has made him the idol of one party in France and the execra
tion of the other. To avoid the trouble of transcribing, I send
them as they came to me. You can peruse and return them by
my brother, who is the bearer of this, or by any future oppor
tunity. The Marquis says he is doing all he can to forward our
claim to the Mississippi; that the French Ministry understand
the matter and are well disposed; but that they are apprehen
sive " Spain knows not how to give up what she once has."
I had heard of the strictures on the incorporating Act, but
without being able to pick up any of the papers in which they
1785. LETTERS. 161
are published. I have desired my brother to search them out
if he can. Perhaps you can refer him to the proper press and
numbers.
At the instance of Col. Nicholas, of Albemarle, I undertook
the draught of the inclosed remonstrance against the General
Assessment. Subscriptions to it are on foot, I believe, in sun
dry Counties, and will be extended to others. My choice is,
that my name may not be associated with it. I am not sure
that I know precisely your ideas on this subject; but were they
more variant from mine than I take them to be, I should not be
restrained from a confidential communication.
I keep up my attention, as far as I can command my time, to
the course of reading which I have of late pursued, and shall
continue to do so. I am, however, far from being determined
ever to make a professional use of it. My wish is, if possible,
to provide a decent and independent subsistence, without en
countering the difficulties which I foresee in that line. Another
of my wishes is to depend as little as possible on the labour of
slaves. The difficulty of reconciling these views has brought
into my thoughts, several projects from which advantage seemed
attainable. I have, in concert with a friend here, one at pres
ent on the anvil, which we think cannot fail to yield a decent
reward for our trouble. Should we persist in it, it will cost
me a ride to Philadelphia, after which it will go on without my
being ostensibly concerned. I forbear to particularize till I
can do it ore tenus. Should I take this ride I may possibly con
tinue it into the Eastern States; Col. Monroe having given me
an invitation to take a ramble of curiosity this fall, which I
have half a mind to accept, and among outher routes named
this. I recollect that you talked yourself of a trip last spring
as far as Lancaster. Have you laid it aside totally? Or will
your domestic endearments forbid even the trip to Bath, from
which I promised myself the happiness of taking you by the
hand in Orange? Give my warmest respects to Mrs. Randolph,
and be assured that I remain, with sincere affection, your
friend.
VOL. i. 11
1G2 WORKS OF MADISON. 1783.
Was the Royal assent ever given to the act of 1769, entitled
" an act to amend an act entitled, an act declaring the law con
cerning Executions and for relief of insolvent debtors."
To the Honorable the General Assembly of the Commonwealth of
Virginia :
A MEMORIAL AND REMONSTRANCE.
We, the subscribers, citizens of the said Commonwealth, hav
ing taken into serious consideration a Bill printed by order of
the last session of General Assembly, entitled "A Bill establish
ing a provision for Teachers of the Christian Religion," and
conceiving that the same, if finally armed with the sanctions of
a law, will be a dangerous abuse of power, are bound as faithful
members of a free State to remonstrate against it, and to de
clare the reasons by which we are determined. We remonstrate
against the said Bill —
1. Because we hold it for a fundamental and undeniable
truth, " that Religion, or the duty which we owe to our Creator,
and the manner of discharging it, can be directed only by rea
son and conviction, not by force or violence."* The Religion,
then, of every man must be left to the conviction and conscience
of every man; and it is the right of every man to exercise it, as
these may dictate. This right is in its nature an unalienable
right. It is unalienable, because the opinions of men, depend
ing only on the evidence contemplated by their own minds,
cannot follow the dictates of other men. It is unalienable, also,
because what is here a right towards men is a duty towards the
Creator. It is the duty of every man to render to the Creator
such homage, and such only, as he believes to be acceptable to
him. This duty is precedent, both in order of time and in de
gree of obligation, to the claims of Civil society. Before any
man can be considered as a member of Civil Society, he must
be considered as a subject of the Governor of the Universe;
and if a member of Civil Society who enters into any subordi-
* Declaration Rights, Article 16.
1785> MEMORIAL, ETC.
nate Association must always do it with a reservation of his
duty to the General Authority, much more must every man who
becomes a member of any particular Civil Society do it with a
saving of his allegiance to the Universal Sovereign, We main
tain, therefore, that in matters of Religion no man's right is
abridged by the institution of Civil Society, and that Religion
is wholly exempt from its cognizance. True it is, that no other
rule exists by which any question which may divide a Society
can be ultimately determined than the will of the majority; but
it is also true that the majority may trespass on the rights of
the minority.
2. Because, if Religion be exempt from the authority of the
Society at large, still less can it be subject to that of the Legis
lative Body. The latter are but the creatures and vicegerents
of the former. Their jurisdiction is both derivative and lim
ited. It is limited with regard to the co-ordinate departments;
more necessarily is it limited with regard to the constituents.
The preservation of a free Government requires, not merely
that the metes and bounds which separate each department of
power be invariably maintained, but more especially that
neither of them be suffered to overleap the great Barrier which
defends the rights of the people. The rulers who are guilty of
such an encroachment exceed the commission from which they
derive their authority, and are Tyrants. The people who sub
mit to it are governed by laws made neither by themselves nor
by an authority derived from them, and are slaves.
3. Because it is proper to take alarm at the first experiment
on our liberties. We hold this prudent jealousy to be the first
duty of citizens, and one of the noblest characteristics of the
late Revolution. The freemen of America did not wait till
usurped power had strengthened itself by exercise, and entan
gled the question in precedents. They saw all the consequences
in the principle, and they avoided the consequences by denying
the principle. We revere this lesson too much soon to forget
it. Who does not see that the same authority which can estab
lish Christianity, in exclusion of all other Religions, may estab
lish, with the same ease, any particular sect of Christians, in
WORKS OF MADISON.
1785
exclusion of all other sects? that the same authority which can
force a citizen to contribute three pence only of his property
for the support of any one establishment, may force him to con
form to any other establishment in all cases whatsoever?
4. Because the Bill violates that equality which ought to be
the basis of every law, and which is more indispensable in pro
portion as the validity or expediency of any law is more liable
to be impeached. "If all men are by nature equally free and
independent,"* all men are to be considered as entering into
Society on equal conditions; as relinquishing no more, and
therefore retaining no less, one than another, of their natural
rights. Above all, are they to be considered as retaining an
"equal title to the free exercise of Religion according to the
dictates of conscience. "f Whilst we assert for ourselves a free
dom to embrace, to profess, and to observe, the Religion which
we believe to be of divine origin, we cannot deny an equal free
dom to them whose minds have not yet yielded to the evidence
which has convinced us. If this freedom be abused, it is an
offence against God, not against man. To God, therefore, not
to man, must an account of it be rendered. As the bill violates
equality by subjecting some to peculiar burdens, so it violates
the same principle by granting to others peculiar exemptions.
Are the Quakers and Menonists the only Sects who think a com
pulsive support of their Religions unnecessary and unwarrant
able? Can their piety alone be entrusted with the care of
public worship ? Ought their Religions to be endowed above
all others with extraordinary privileges, by which proselytes
may be enticed from all others? We think too favourably of
the justice and good sense of these denominations to believe
that they either covet pre-eminences over their fellow-citizens,
or that they will be seduced by them from the common opposi
tion to the measure.
5. Because the Bill implies, either that the civil Magistrate
is a competent Judge of Religious truths, or that he may em
ploy Religion as an engine of civil policy. The first is an arro-
* Declaration Rights, article 1. f Article 16.
MEMORIAL, ETC. 165
/
gant pretension, falsified by the contradictory opinions of Rulers
in all ages, and throughout the world; the second, an unhal
lowed perversion of the means of salvation.
6. Because the establishment proposed by the Bill is not
requisite for the support of the Christian Religion. To say
that it is, is a contradiction to the Christian Religion itself, for
every page of it disavows a dependence on the powers of this
world. It is a contradiction to fact, for it is known that this
Religion both existed and flourished, not only without the sup
port of human laws, but in spite of every opposition from them;
and not only during the period of miraculous aid, but long after
it had been left to its own evidence and the ordinary care of
providence. Nay, it is a contradiction in terms; for a Religion
not invented by human policy must have pre-existed and been
supported before it was established by human policy. It is,
moreover, to weaken in those who profess this Religion a pious
confidence in its innate excellence and the patronage of its
Author; and to foster in those who still reject it a suspicion
that its friends are too conscious of its fallacies to trust it to its
own merits.
7. Because experience witnesseth that ecclesiastical estab
lishments, instead of maintaining the purity and efficacy of Re
ligion, have had a contrary operation. During almost fifteen
Centuries has the legal establishment of Christianity been on
trial. What have been its fruits? More or less, in all places,
pride and indolence in the Clergy; ignorance and servility in
the laity; in both, superstition, bigotry, and persecution. En
quire of the Teachers of Christianity for the ages in which it
appeared in its greatest lustre; those of every Sect point to the
ages prior to its incorporation with civil policy. Propose a
restoration of this primitive state, in which its Teachers de
pended on the voluntary rewards of their flocks; many of them
predict its downfall. On which side ought their testimony to
have greatest weight; when for or when against their interest?
8. Because the establishment in question is not necessary for
the support of Civil Government. If it be urged as necessary
for the support of Civil Government only as it is a means of
WORKS OF MADISON. 1785>
supporting Religion, and it be not necessary for the latter pur
pose, it cannot be necessary for the former. If Religion be not
within the cognizance of Civil Government, how can its legal
establishment be necessary to Civil Government? What in
fluence, in fact, have ecclesiastical establishments had on Civil
Society? In some instances they have been seen to erect a
spiritual tyranny on the ruins of the civil authority; in many
instances they have been seen upholding the thrones of political
tyranny; in no instance have they been seen the guardians of
the liberties of the people. Rulers who wished to subvert the
public liberty may have found an established Clergy convenient
auxiliaries. A just Government, instituted to secure and per
petuate it, needs them not. Such a Government will be best
supported by protecting every citizen in the enjoyment of his
Religion with the same equal hand which protects his person
and his property ; by neither invading the equal rights of any
Sect, nor suffering any sect to invade those of another.
Because the proposed establishment is a departure from that
generous policy which, offering an Asylum to the persecuted
and oppressed of every Nation and Religion, promised a lustre
to our country, and an accession to the number of its citizens.
What a melancholy mark is the Bill of sudden degeneracy!
Instead of holding forth an Asylum to the persecuted, it is it
self a signal of persecution. It degrades from the equal rank
of Citizens all those whose opinions in Religion do not bend to
those of the Legislative authority. Distant as it may be in its
present form from the Inquisition, it differs from it only in de
gree. The one is the first step, the other the last, in the career
of intolerance. The magnanimous sufferer under this cruel
scourge in foreign Regions must view the Bill as a Beacon on
our Coast warning him to seek some other haven, where lib
erty and philanthropy, in their due extent, may offer a more
certain repose from his troubles.
Because it will have a like tendency to banish our citizens.
The allurements presented by other situations are every day
thinning their number. To superadd a fresh motive to emigra
tion by revoking the liberty which they now enjoy would be
ITS').
MEMORIAL, ETC. 167
the same species of folly which has dishonoured and depopulated
flourishing kingdoms.
Because it will destroy that moderation and harmony which
the forbearance of our laws to intermeddle with Religion has
produced among its several Sects. Torrents of blood have been
spilt in the old world in consequence of vain attempts of the
secular arm to extinguish Religious discord by proscribing all
differences in Religious opinion. Time has at length revealed
the true remedy. Every relaxation of narrow and rigorous
policy, wherever it has been tried, has been found to assuage
the disease. The American theatre has exhibited proofs that
equal and complete liberty, if it does not wholly eradicate it,
sufficiently destroys its malignant influence on the health and
prosperity of the State. If, with the salutary effects of this
system under our own eyes, we begin to contract the bounds of
Religious freedom, we know no name which will too severely
reproach our folly. At least, let warning be taken at the first
fruits of the threatened innovation. The very appearance of
the Bill has transformed "that Christian forbearance, love, and
charity/'* which of late mutually prevailed, into animosities
and jealousies, which may not soon be appeased. What mis
chiefs may not be dreaded, should this enemy to the public quiet
be armed with the force of a law?
Because the policy of the Bill is adverse to the diffusion of
the light of Christianity. The first wish of those who enjoy
this precious gift ought to be, that it may be imparted to the
whole race of mankind. Compare the number of those who
have as yet received it with the number still remaining under
the dominion of false Religions, and how small is the former!
Does the policy of the Bill tend to lessen the disproportion ?
No; it at once discourages those who are strangers to the light
of revelation from coming into the Region of it, and counte
nances by example the nations who continue in darkness in
shutting out those who might convey it to them. Instead of
levelling, as far as possible, every obstacle to the victorious
* Declaration Rights, Article 16.
1(58 WORKS OF MADISON. 1785.
progress of truth, the Bill, with an ignoble and unchristian ti
midity, would circumscribe it with a wall of defence against the
encroachments of error.
Because attempts to enforce, by legal sanctions, acts obnox
ious to so great a proportion of citizens, tend to enervate the
laws in general, and to slacken the bands of Society. If it be
difficult to execute any law which is not generally deemed neces
sary or salutary, what must be the case where it is deemed in
valid and dangerous? And what may be the effect of so striking
an example of impotency in the Government on its general au
thority?
Because a measure of such singular magnitude and delicacy
ought not to be imposed without the clearest evidence that it is
called for by a majority of citizens; and nt) satisfactory method
is yet proposed by which the voice of the majority in this case
may be determined, or its influence secured. "The people of
the respective Counties are, indeed, requested to signify their
opinion respecting the adoption of the Bill to the next Session
of the Assembly." But the representation must be made equal
before the voice either of the Representatives or of the Counties
will be that of the people. Our hope is, that neither of the for
mer will, after due consideration, espouse the dangerous prin
ciple of the Bill. Should the event disappoint us, it will still
leave us in full confidence that a fair appeal to the latter will
reverse the sentence against our liberties.
Because, finally, "the equal right of every Citizen to the free
exercise of his Religion, according to the dictates of conscience."
is held by the same tenure with all our other rights. If we
recur to its origin, it is equally the gift of nature; if we weigh
its importance, it cannot be less dear to us; if we consult the
Declaration of those rights "which pertain to the good people
of Virginia as the basis and foundation of Government,"* it is
enumerated with equal solemnity, or rather with studied empha
sis. Either, then, we must say, that the will of the Legislature
is the only measure of their authority, and that in the plenitude
* Declaration Rights, title.
1785. LETTERS. 169
of that authority they may sweep away all our fundamental
rights, or that they are bound to leave this particular right
untouched and sacred. Either we must say, that they may con-
troul the freedom of the press, may abolish the trial by jury,
may swallow up the Executive and Judiciary powers of the
State; nay, that they may despoil us of our very right of suf
frage, and erect themselves into an independent and hereditary
Assembly; or we must say, that they have no authority to enact
into a law the Bill under consideration.
We, the subscribers, say that the General Assembly of this
Commonwealth have no such authority. And in order that no
effort may be omitted on our part against so dangerous an usur
pation, we oppose to it this remonstrance; earnestly praying,
as we are in duty bound, that the Supreme Lawgiver of the
Universe, by illuminating those to whom it is addressed, may,
on the one hand, turn their councils from every act which would
affront his holy prerogative, or violate the trust committed to
them; and on the other, guide them into every measure which
may be worthy of his blessing, redound to their own praise, and
establish more firmly the liberties, the prosperity, and the hap
piness of the Commonwealth.
TO JAMES MONROE.
ORANGE, August 7th, 1785.
DEAR SIR, — I received the day before yesterday your favour
of the 26th July. I had previously received the Report on the
proposed change of the 9th article of the Confederation, trans
mitted by Col. Grayson; and in my answer to him offered such
ideas on the subject as then occurred.
I still think the probability of success or failure ought to
weigh much with Congress in every recommendation to the
States; of which probability Congress, in whom information
from every State centers, can alone properly judge. Viewing
in the abstract the question whether the power of regulating
trade, to a certain degree at least, ought to be vested in Con-
170 WORKS OF MADISON. 17S5.
gress, it appears to me not to admit of a doubt but that it
should be decided in the affirmative. If it be necessary to reg
ulate trade at all, it surely is necessary to lodge the power
where trade can be regulated with effect; and experience has
confirmed what reason foresaw, that it can never be so regula
ted by the States acting in their separate capacities. They can
no more exercise this power separately than they could separ
ately carry on war, or separately form treaties of alliance or
commerce. The nature of the thing, therefore, proves the for
mer power, no less than the latter, to be within the reason of
the federal Constitution.
Much, indeed, is it to be wished, as I conceive, that no regu
lations of trade, that is to say, no restrictions on imposts what
ever, were necessary. A perfect freedom is the system which
would be my choice. But before such a system will be eligible,
perhaps, for the United States, they must be out of debt; before
it will be attainable, all other nations must concur in it. Whilst
any one of these imposes on our vessels, seamen, <fcc., in their
ports, clogs from which they exempt their own, we must either
retort the distinction, or renounce, not merely a just profit, but
our only defence against the danger which may most easily be
set us. Are we not at this moment under this very alternative?
The policy of Great Britain (to say nothing of other nations)
has shut against us the channels without which our trade with
her must be a losing one; and she has consequently the triumph,
as we have the chagrin, of seeing accomplished her prophetic
threats, that our independence should forfeit commercial advan
tages for which it would not recompence us with any new chan
nels of trade.
What is to be done? Must we remain passive victims to for
eign politics, or shall we exert the lawful means which our in
dependence has put into our hands of extorting redress? The
very question would be an affront to every citizen who loves
his country. What, then, are these means? Retaliating regu
lations of trade only. How are these to be effectuated ? Only
by harmony in the measures of the States. How is this harmony
to be obtained? Only by an acquiescence of all the States in
1785. LETTERS. 171
the opinion of a reasonable majority. If Congress, as they are
now constituted, cannot be trusted with the power of digesting
and enforcing this opinion, let them be otherwise constituted;
let their numbers be increased, let them be chosen oftener, and
let their period of service be shortened; or if any better medium
than Congress can be proposed by which the wills of the States
may be concentered, let it be substituted; or lastly, let no reg
ulation of trade adopted by Congress be in force until it shall
have been ratified by a certain proportion of the States. But
let us not sacrifice the end to the means; let us not rush on cer
tain ruin in order to avoid a possible danger.
I conceive it to be of great importance that the defects of the
federal system should be amended, not only because such amend
ments will make it better answer the purpose for which it was
instituted, but because I apprehend danger to its very existence
from a continuance of defects which expose a part, if not the
whole, of the empire to severe distress. The suffering part,
even when the minor part, cannot long respect a Government
which is too feeble to protect their interests: but when the suf
fering part comes to be the major part, and they despair of see
ing a protecting energy given to the General Government, from
what motives is their allegiance to be any longer expected?
Should Great Britain persist in the machinations which distress
us, and seven or eight of the States be hindered by the others
from obtaining relief by federal means, I own I tremble at the
anti-federal expedients into which the former may be tempted.
As to the objection against entrusting Congress with a power
over trade, drawn from the diversity of interests in the States,
it may be answered: 1. That if this objection had been listened
to, no confederation could have ever taken place among the
States. 2. That if it ought now to be listened to, the power
held by Congress of forming commercial treaties, by whicji 9
States may indirectly dispose of the Commerce of the residue,
ought to be immediately revoked. 3. That the fact is, that a
case can scarcely be imagined in which it would be the interest
of any two-thirds of the States to oppress the remaining one-
third. 4. That the true question is, whether the commercial
172 WORKS OF MADISON. 1785.
interests of the States do not meet in more points than they
differ. To me it is clear that they do; and if they do, there are
so many more reasons for than against submitting the commer
cial interest of each State to the direction and care of the ma
jority.
Put the West India trade alone, in which the interest of every
State is involved, into the scale against all the inequalities which
may result from any probable regulation by nine States, and
who will say that the latter ought to preponderate? I have
heard the different interest which the Eastern States have as
carriers pointed out as a ground of caution to the Southern
States, who have no bottoms of their own, against their con
curring hastily in retaliations on Great Britain. But will the
present system of Great Britain ever give the Southern States
bottoms? and if they are not their own carriers, I should sup
pose it no mark either of folly or incivility to give our custom
to our brethren, rather than to those who have not yet entitled
themselves to the name of friends.
In detailing these sentiments, I have nothing more in view
than to prove the readiness with which I obey your request.
As far as they are just, they must have been often suggested in
the discussions of Congress on the subject. I cannot even give
them weight by saying that I have reason to believe they would
be relished in the public Councils of this State. From the trials
of which I have been a witness, I augur that great difficulties
will be encountered in every attempt to prevail on the Legisla
ture to part with power. The thing itself is not only unpala
table, but the arguments which plead for it have not their full
force on minds unaccustomed to consider the interests of the
State as they are interwoven with those of the Confederacy,
much less as they may be affected by foreign politics; whilst
those which plead against it are not only specious, but in their
nature popular, and for that reason sure of finding patrons.
Add to all this, that the Mercantile interest, which has taken
the lead in rousing the public attention of other States, is in
this so exclusively occupied in British Commerce, that what
little weight they have will be most likely to fall into the oppo-
1785. LETTERS. 173
site scale. The only circumstance which promises a favorable
hearing to the meditated proposition of Congress is, that the
power which it asks is to be exerted against Great Britain, and
the proposition will consequently be seconded by the animosities
which still prevail in a strong degree against her.
I am, my dear sir, very sincerely, your friend and serv.
TO THOMAS JEFFERSON.
ORANGE, August 20th, 1785.
DEAR SIR, — Yours of the 18th of March never reached me
till the 4th instant. It came by post from New York, which it
did not leave till the 21 of July. My last was dated in April,
and went by Mr. Mazzei, who picked it up at New York and
promised to deliver it with his own hand.
The machinations of Great Britain, with regard to commerce,
have produced much distress and noise in the Northern States,
particularly in Boston, from whence the alarm has spread to
New York and Philadelphia. Your correspondence with Con
gress will no doubt have furnished you with full information on
this head. I only know the general fact, and that the sufferers
are everywhere calling for such augmentation of the power of
Congress as may effect relief. How far the Southern States,
and Virginia in particular, will join in this proposition, cannot
be foreseen. It is easy to foresee that the circumstances which,
in a confined view, distinguish our situation from that of our
brethren, will be laid hold of by the partizans of Great Britain,
by those who are or affect to be jealous of Congress, and those
who are interested in the present course of business, to give a
wrong bias to our councils. If anything should reconcile Vir
ginia to the idea of giving Congress a power over her trade, it
will be that this power is likely to annoy Great Britain, against
whom the animosities of our citizens are still strong. They
seem to have less sensibility to their commercial interests, which
174 WORKS OF MADISON 1785.
they very little understand, and which the mercantile class here
have not the same motives, if they had the same capacity, to lay
open to the public, as that class have in the States North of us.
The price of our Staple since the peace is another cause of
inattention in the planters to the dark side of our commercial
affairs. Should these or any other causes prevail in frustrating
the scheme of the Eastern and Middle States of a general retal
iation on Great Britain, I tremble for the event. A majority
of the States, deprived of a regular remedy for their distresses
by the want of a federal spirit in the minority, must feel the
strongest motives to some irregular experiments. The danger
of such a crisis makes me surmise that the policy of Great
Britain results as much from the hope of effecting a breach in
our Confederacy as of monopolizing our trade.
Our internal trade is taking an arrangement from which I
hope good consequences. Retail Stores are spreading all over
the Country; many of them carried on by native adventurers,
some of them branched out from the principal Stores at the
heads of navigation. The distribution of the business, however,
into the importing and the retail departments, has not yet taken
place. Should the port bill be established, it will, I think,
quickly add this amendment, which indeed must in a little time
follow of itself. It is the more to be wished for. as it is the
only radical cure for credit to the consumer, which continues to
be given to a degree which, if not checked, will turn the diffu
sive retail of Merchandize into a nuisance. When the Shop
keeper buys his goods of the wholesale Merchant, he must buy
at so short a credit that he can venture to give none at all.
You ask me to unriddle the dissolution of the Committee of
the States at Annapolis. I am not sure that I am myself pos
sessed fully of the causes, different members of Congress having
differed in their accounts of the matter. My conception of it
is, that the abrupt departure of some of the Eastern delegates,
which destroyed the quorum, and which Dana is said to have
been at the bottom of, proceeded partly from irritations among
the committee, partly from dislike to the place of their session,
1785. LETTERS. 175
and partly from an impatience to get home, which prevailed
over their regard for their private characters, as well as for
their public duty.
Subsequent to the date of mine in which I gave my idea of
Fayette, I had further opportunities of penetrating his charac
ter. Though his foibles did not disappear, all the favorable
traits presented themselves in a stronger light on closer inspec
tion. He certainly possesses talents which might figure in any
line. If he is ambitious, it is rather of the praise which virtue
dedicates to merit, than of the homage which fear renders to
power; his disposition is naturally warm and affectionate, and
his attachment to the United States unquestionable. Unless I
am grossly deceived, you will find his zeal sincere and useful,
whenever it can be employed in behalf of the United States
without opposition to the essential interests of France.
The opposition to the General Assessment gains ground. At
the instance of some of its adversaries, I drew up the remon
strance herewith inclosed. It has been sent through the me
dium of confidential persons in a number of the upper Counties,
and I am told will be pretty extensively signed. The Presby
terian clergy have at length espoused the side of the opposition,
being moved either by a fear of their laity or a jealousy of the
Episcopalians. The mutual hatred of these sects has been much
inflamed by the late act incorporating the latter. I am far from
being sorry for it, as a coalition between them could alone en
danger our religious rights, arid a tendency to such an event
had been suspected. The fate of the Circuit Courts is uncertain.
They are threatened with no small danger from the diversity
of opinions entertained among the friends of some reform in
that department. But the greatest danger is to be feared from
those who mask a secret aversion to any reform under a zeal
for such a one as they know will be rejected. The Potowmac
Company are going on with very flattering prospects. Their
subscriptions some time ago amounted to upward of four-fifths
of the whole sum. I have the pleasure, also, to find, by an ad
vertisement from the managers for James River, that more than
half the sum is subscribed for that undertaking, and that the
J76 WORKS OF MADISON. 1785<
subscribers are to meet shortly for the purpose of organizing
themselves and going to work. I despair of seeing the Revisal
taken up at the ensuing session. The number of copies struck
are so deficient, (there being not above three for each Count}7,)
and there has been such delay in distributing them, (none of the
Counties having received them till very lately, and some prob
ably not yet, though they were ready long ago.) that the prin
cipal end of their being printed has been frustrated.
Our fields promise very short crops both of corn and Tobacco.
The latter was much injured by the grasshopper and other in
sects; the former, somewhat by the bug in the southern parts of
the State; but both have suffered most from dry weather, which
prevails at present in this part of the country, and has generally
prevailed, I understand, in most other parts. It seems certain
that no future weather can make a great crop of either, partic
ularly of Tobacco, so great a proportion of the hills being
without plants in them, and so many more with plants in them
which must come to nothing. Notwithstanding this prospect,
its price has fallen from 36s. to 30s. on James River, and 28s.
on Rappahannock. The scarcity of cash is one cause.
Harrison, late Governor, was elected in Surrey, whither he
previously removed with his family. A contest for the chair
will no doubt ensue; should he fail, he will be for Congress.
I have not yet received any of the books which you have been
so kind as to pick up for me, but expect their arrival daily, as
you were probably soon after the date of your last apprised
that 1 was withdrawn from the nomination, which led you to
suspend the forwarding them. I am invited by Col. Monroe to
an option of rambles this fall, one of which is into the Eastern
States. I wish much to accept so favorable an opportunity of
executing the plan from which I was diverted last fall, but can
not decide with certainty whether it will be practicable or not.
I have, in conjunction with a friend here, a project of interest
on the anvil, which will carry me at least as far as Phila or New
York, where I shall be able to take my final resolution.
Adieu. Yrs sincerely.
1785. LETTERS. 177
TO JOHN BEOWN, (KENTUCKY.)
ORANGE. Augnst 23, 1785.
DEAE Sra, — Your favour of the 12th of July was safely de
livered to me by Mr. Craig. I accept with pleasure your pro
posed exchange of Western for Eastern intelligence, and though
I am a stranger to parental ties, can sufficiently conceive the
happiness of which they are a source to congratulate you on
your possession of two fine sons and a daughter. I do not smile
at the idea of transplanting myself into your wilderness. Such
a change of my abode is not. indeed, probable, yet I have no
local partialities which can keep me from any place which prom
ises the greatest real advantages. But if such a removal was
not even possible, I should nevertheless be ready to communi
cate, as you desire, my Ideas towards a constitution of Govern
ment for the State in embryo.
I pass over the general policy of the measure which calls for
such a provision. It has been unanimously embraced by those
who, being most interested in it, must have best considered it,
and will, I dare say, be with equal unanimity acceded to by the
other party, [Congress,] which is to be consulted. I will first
offer some general remarks on the subject, and then answer
your several queries.
1. The Legislative Department ought by all means, as I
think, to include a Senate, constituted on such principles as will
give tvisdom and steadiness to legislation. The want of these
qualities is the grievance complained of in all our republics.
The want of fidelity in the administration of power having been
the grievance felt under most governments, and by the Amer
ican States themselves under the British government, it was
natural for them to give too exclusive an attention to this pri
mary attribute. The Senate of Maryland, with a few amend
ments, is a good model. Trial has, I am told, verified the ex
pectations from it. A similar one made a part of our Consti
tution as it was originally proposed, but the inexperience and
jealousy of our then Councils rejected it in favor of our present
Senate; a worse could hardly have been substituted; and yet,
VOL. i. 12
178 WORKS OF MADISON. 1783.
Lad as it is, it is often a useful bit in the mouth of the House
of Delegates. Not a single Session passes without instances of
sudden resolutions by the latter, of which they repent in time
to intercede privately with the Senate for their negative. For
the other branch, models enough may be found; care ought,
however, to be taken against its becoming too numerous, by fix
ing the number which it is never to exceed. The quorum, wages,
and privileges, of both branches, ought also to be fixed. A ma
jority seems to be the natural quorum. The wages of the mem
bers may be made payable for years to come, in the medium
value of wheat for years preceding, as the same shall from
period to period be rated by a respectable jury appointed for that
purpose by the Supreme Court. The privileges of the members
ought not, in my opinion, to extend beyond an exemption of their
persons and equipage from arrests during the time of their
actual service. If it were possible, it would be well to define
the extent of the Legislative power; but the nature of it seems
in many respects to be indefinite. It is very practicable, how
ever, to enumerate the essential exceptions. The Constitution
may expressly restrain them from meddling with religion; from
abolishing Juries; from taking away the Habeas Corpus; from
forcing a citizen to give evidence against himself; from controul-
ing the press; from enacting retrospective laws, at least in crim
inal cases; from abridging the right of suffrage; from taking
private property for public use without paying its full value;
from licensing the importation of slaves; from infringing the
confederation, <fec., &c.
As a further security against fluctuating and indigested laws,
the Constitution of New York has provided a Council of Re
vision. I approve much of such an institution, and believe it is
considered by the most intelligent citizens of that State as a
valuable safeguard both to public interests and to private rights.
Another provision has been suggested for preserving system in
Legislative proceedings, which to some may appear still better.
It is that a standing committee, composed of a few select and
and skilful individuals, should be appointed to prepare bills on
all subjects which they may judge proper to be submitted to the
1785. LETTERS. 179
Legislature at their meetings, and to draw bills for them during
their Sessions. As an antidote both to the jealousy and danger
of their acquiring an improper influence, they might be made
incapable of holding any other office, Legislative, Executive, or
Judiciary. I like this suggestion so much that I have had
thoughts of proposing it to our Assembly, who give almost as
many proofs as they pass laws of their need of some such assist
ance.
2. The Executive Department. Though it claims the second
place, it is not in my estimation entitled to it by its importance,
all the great powers which are properly executive being trans
ferred to the Federal Government. I have made up no final
opinion whether the first Magistrate should be chosen by the
Legislature or the people at large, or whether the power should
be vested in one man, assisted by a Council, or in a Council, of
which the President shall be only primus inter pares. There
are examples of each in the United States; and probably ad
vantages and disadvantages attending each. It is material, I
think, that the number of members should be small, and that
their Salaries should be either unalterable by the Legislature,
or alterable only in such manner as will not affect any individ
ual in place. Our Executive is the worst part of a bad Con
stitution. The members of it are dependent on the Legislature
not only for their wages, but for their reputation, and therefore
are not likely to withstand usurpations of that branch; they
are, besides, too numerous and expensive; their organization
vague and perplexed; and to crown the absurdity, some of the
members may, without any new appointment, continue in Office
for life, contrary to one of the Articles of the Declaration of
Rights.
3. The Judiciary Department merits every care. Its efficacy
is demonstrated in Great Britain, where it maintains private
right against all the corruptions of the two other Departments,
and gives a reputation to the whole government which it is not
in itself entitled to. The main points to be attended to are:
I. That the Judges should hold their places during good be
haviour. 2. That their Salaries should be either fixed like the
WORKS OF MADISON. ns-,.
wages of the Representatives, or not be alterable so as to affect
the Individuals in Office. 3. That their Salaries be liberal.
The first point is obvious; without the second, the independence
aimed at by the first will be ideal only; without the third, the
bar will be superior to the bench, which destroys all security
for a systematic administration of justice. After securing these
essential points, I should think it unadvisable to descend so far
into detail as to bar any future modification of this department
which experience may recommend. An enumeration of the prin
cipal Courts, with power to the Legislature to institute inferior
Courts, may suffice. The Admiralty business can never be ex
tensive in your situation, and may be referred to one of the
other Courts. With regard to a Court of Chancery, as distinct
from a Court of Law, the reasons of Lord Bacon on the affirma
tive side outweigh, in my judgment, those of Lord Kaimes on the
other side; yet I should think it best to leave this important
question to be decided by future lights, without tying the hands
of the Legislature one way or the other. I consider our County
Courts as on a bad footing, and would never, myself, consent to
copy them into another Constitution.
All the States seem to have seen the necessity of providing
for Impeachments, but none of them to have hit on an unexcep
tionable tribunal. In some the trial is referred to the Senate,
in others to the Executive, in others to the Judiciary depart
ment. It has been suggested that a tribunal composed of mem
bers from each department would be better than either, and
I entirely concur in that opinion. I proceed next to your
queries.
1. "Whether is a representation according to numbers, or
" property, or in a joint proportion to both, the most safe? Or
" is a representation by Counties preferable to a more equitable
" mode that will be difficult to adjust?" Under this question
may be considered: 1. The right of suffrage. 2. The mode of
suffrage. 3. The plan of representation. As to the first, I
think the extent which ought to be given to this right a matter
of great delicacy and of critical importance. To restrain it to
the land holders will in time exclude too great a proportion of
LETTERS. 181
citizens; to extend it to all citizens without regard to property,
or even to all who possess a pittance, may throw too much
power into hands which will either abuse it themselves or sell
it to the rich who will abuse it. I have thought it might be a
good middle course to narrow this right in the choice of the
least popular, and to enlarge it in that of the more popular
branch of the Legislature. There is an example of this distinc
tion in North Carolina, if in none of the other States. How it
operates or is relished by the people I cannot say. It would
not be surprising if in the outset, at least, it should offend the
sense of equality which reigns in a free country. In a general
view, I see no reason why the rights of property, which chiefly
bears the burden of Government, and is so much an object of
Legislation, should not be respected as well as personal rights
in the choice of Rulers. It must be owned, indeed, that prop
erty will give influence to the holder, though it should give him
no legal privileges, and will in general be safe on that as well
as on other accounts, especially if the business of legislation be
guarded with the provisions hinted at. 2. As to the mode of
suffrage, I lean strongly to that of the ballot, notwithstanding
the objections which lie against it. It appears to me to be the
only radical cure for those arts of electioneering which poison
the very fountain of Liberty. The States in which the ballot
has been the standing mode are the only instances in which
elections are tolerably chaste and those arts in disgrace. If it
should be thought improper to fix this mode by the Constitu
tion, I should think it at least necessary to avoid any constitu
tional bar to a future adoption of it.* 3. By the plan of rep
resentation I mean: 1. The classing of the electors. 2. The
proportioning of the representatives to each class. The first
cannot be otherwise done than by geographical description, as
by Counties. The second may easily be done, in the first in
stance, either by comprising within each County an equal num
ber of Electors, or by proportioning the number of representa
tives of each County to its number of Electors. The difficulty
* The Constitution of New York directs an experiment on this subject.
182 WORKS OF MADISON. 1785.
arises from the disproportionate increase of electors in different
Counties. There seem to be two methods only by which the
representation can be equalized from time to time. The first is
to change the bounds of the Counties; the second, to change the
number of representatives allotted to them, respectively. As
the former would not only be most troublesome and expensive,
but would involve a variety of other adjustments, the latter
method is evidently the best. Examples of a Constitutional
provision for it exists in several of the States. In some it is to
be executed periodically; in others, pro re nata. The latter
seems most accurate and very practicable. I have already in
timated the propriety of fixing the number of representatives,
which ought never to be exceeded; I should suppose one hun
dred and fifty, or even one hundred, might safely be made the
ne plus ultra for Kentucky.
2. "Which is to be preferred; an annual, triennial, or septen-
" nial succession to offices, or frequent elections without limita-
" tions in choice, or that officers when chosen should continue
" quamdiu se bene gesserint?" The rule ought no doubt to be
different in the different departments of power. For one part
of the Legislature annual elections will, I suppose, be held in
dispensable; though some of the ablest Statesmen and soundest
Republicans in the United States are in favor of triennial. The
great danger in departing from annual elections in this case
lies in the want of some other natural term to limit the depar
ture. For the other branch, four or five years may be the period.
For neither branch does it seem necessary or proper to prohibit
an indefinite re-eligibility. With regard to the Executive, if
the elections be frequent, and particularly if made as to any
member of it by the people at large, a re-eligibility cannot, I
think, be objected to. If they be unfrequent, a temporary or
perpetual incapacitation, according to the degree of unfrequency,
at least in the case of the first Magistrate, may not be amiss.
As to the Judiciary department, enough has been said; and as
to the subordinate officers, civil and military, nothing need be
said more than that a regulation of their appointments may,
under a few restrictions, be safely trusted to the Legislature.
1785.
LETTERS. 183
3. "How far may the same person with propriety be em-
u ployed in the different departments of Government in an in-
" fant country, where the counsel of every individual may be
" needed?" Temporary deviations from fundamental principles
are always more or less dangerous. When the first pretext
fails, those who become interested in prolonging the evil will
rarely be at a loss for other pretexts. The first precedent, too,
familiarises the people to the irregularity, lessens their venera
tion for those fundamental principles, and makes them a more
easy prey to ambition and self interest. Hence it is that abuses
of every kind, when once established, have been so often found
to perpetuate themselves. In this caution, I refer chiefly to an
improper mixture of the three great Departments within the
State. A delegation to Congress is, I conceive, compatible
with either.
4. " Should there be a periodical review of the Constitution? "
Nothing appears more eligible in theory, nor has sufficient trial,
perhaps, been yet made to condemn it in practice. Pennsylva
nia has alone adopted the expedient. Her citizens are much
divided on the subject of their Constitution in general, and
probably on this part of it in particular. I am inclined to think,
though am far from being certain, that it is not a favorite part
even with those who are fondest of their Constitution. Another
plan has been thought of, which might, perhaps, succeed better,
and would at the same time be a safeguard to the equilibrium
of the constituent departments of Government. This is, that a
majority of any two of the three departments should have au
thority to call a plenipotentiary convention whenever they may
think their constitutional powers have been violated by the
other department, or that any material part of the Constitution
needs amendment. In your situation, I should think it both
imprudent and indecent not to leave a door open for at least
one revision of your first establishment — imprudent, because
you have neither the same resources for supporting nor the
same lights for framing a good establishment now as you will
have fifteen or twenty years hence — indecent, because an hand
ful of early settlers ought not to preclude a populous country
WORKS OF MADISON. 1755.
from a choice of the Government under which they and their
posterity are to live. Should your first Constitution be made
thus temporary, the objections against an intermediate union of
offices will be proportionally lessened. Should a revision of it
not be made thus necessary and certain, there will be little
probability of its being ever revised. Faulty as our Constitu
tion is, as well with regard to the authority which formed it as
to the manner in which it is formed, the issue of an experiment
has taught us the difficulty of amending it. And although the
issue might have proceeded from the unseasonableness of the
time, yet it may be questioned whether, at any future time, the
greater depth to which it will have stricken its roots will not
counterbalance any more auspicious circumstances for overturn
ing it.
5 & G. " Or will it be better unalterably to fix some leading
44 principles in government, and make it consistent for the Legis-
11 lature to introduce such changes in lesser matters as may
''become expedient? Can Censors be provided that will im-
" partially point out deficiences in the Constitution and the
" violations that may happen?"
Answers on these points may be gathered from what has been
already said.
I have been led to offer my sentiments in this loose form
rather than to attempt a delineation of such a plan of govern
ment as would please myself, not only by my ignorance of many
local circumstances and opinions which must be consulted in
such a work, but also by the want of sufficient time for it. At
the receipt of your letter I had other employment, and what I
now write is in the midst of preparations for a journey of busi
ness, which will carry me as far as Philadelphia at least, and
on which I shall set out in a day or two.
I am sorry that it is not in my power to give you some satis
factory information concerning the Mississippi. A Minister
from Spain has been with Congress for some time, and is au
thorised, as I understand, to treat on whatever subjects may
concern the two nations. If any explanations or propositions
have passed between him and the Minister of Congress, they
1785. JEFFERSON'S DRAUGHT, ETC. 185
are as yet in the list of Cabinet secrets. As soon as any such
shall be made public and come to my knowledge, I shall take
the first opportunity of transmitting them. Wishing you and
your family all happiness,
I am, Dr Sir, your friend and servant.
The Constitutions of the several States were printed in a
small volume a year or two ago, by order of Congress. A peru
sal of them need not be recommended to you. Having but a
single copy, I cannot supply you. It is not improbable that
you may be already possessed of one. The revisal of our laws
by Jefferson, Wythe, and Pendleton, beside their value in im
proving the legal code, may suggest something worthy of being
attended to in framing a Constitution.
[Remarks on Mr. Jefferson's ''Draught of a Constitution for Virginia,"* sent
from New York to Mr. John Brown, Kentucky, October 1788 :]
The term of two years is too short. Six
Senate.
years are not more than sufficient. A
Senate is to withstand the occasional impetuosities of the more
numerous branch. The members ought, therefore, to derive a
firmness from the tenure of their places. It ought to supply
the defect of knowledge and experience incident to the other
branch; there ought to be time given, therefore, for attaining the
qualifications necessary for that purpose. It ought, finally, to
maintain that system and steadiness in public affairs without
which no government can prosper or be respectable. This can
not be done by a body undergoing a frequent change of its mem
bers. A Senate for six years will not be dangerous to liberty;
on the contrary, it will be one of its best guardians. By cor
recting the infirmities of popular government, it will prevent
that disgust against that form which may otherwise produce a
* Contained in appendix to ''Notes on Virginia."
WORKS OF MADISON. 1785.
sudden transition to some very different one. It is no secret
to any attentive and dispassionate observer of the political situ
ation of the United States, that the real danger to republican
liberty has lurked in that cause.
The appointment of Senators by districts seems to be objec
tionable. A spirit of locality is inseparable from that mode.
The evil is fully displayed in the County representations, the
members of which are everywhere observed to lose sight of the
aggregate interests of the community, and even to sacrifice them
to the interests or prejudices of their respective constituents.
In general, these local interests are miscalculated. But it is
not impossible for a measure to be accommodated to the partic
ular interests of every County or district, when considered by
itself, and not so, when considered in relation to each other
and to the whole State; in the same manner as the interests of
individuals may be very different in a state of nature and in a
political union. The most effectual remedy for the local bias
is to impress on the minds of the Senators an attention to the
interest of the whole society, by making them the choice of the
whole Society, each citizen voting for every Senator. The objec
tion here is, that the fittest characters would not be sufficiently
known to the people at large. But, in free governments, merit
and notoriety of character are rarely separated; and such a
regulation would connect them more and more together. Should
this mode of election be on the whole not approved, that estab
lished in Maryland presents a valuable alternative. The latter
affords, perhaps, a greater security for the selection of merit.
The inconveniences chargeable on it are two: first, that the
Council of electors favors cabal. Against this, the shortness
of its existence is a good antidote. Secondly, that in a large
State the meeting of the electors must be expensive if they be
paid, or badly attended if the service is onerous. To this it
may be answered that, in a case of such vast importance, the
expense, which could not be great, ought to be disregarded.
Whichever of these modes may be preferred, it cannot be amiss
so far to admit the plan of districts as to restrain the choice to
persons residing in different parts of the State. Such a regula-
178.3. JEFFERSON'S DRAUGHT, ETC. 187
tion will produce a diffusive confidence in the body, which is
not less necessary than the other means of rendering it useful.
In a State having large towns which can easily unite their
votes, the precaution would be essential to an immediate choice
by the people at large. In Maryland no regard is paid to resi
dence, and, what is remarkable, vacancies are filled by the Sen
ate itself. This last is an obnoxious expedient, and cannot in
any point of view have much effect. It was probably meant to
obviate the trouble of occasional meetings of the electors. But
the purpose might have been otherwise answered by allowing
the unsuccessful candidates to supply vacancies according to the
order of their standing on the list of votes, or by requiring pro
visional appointments to be made along with the positive ones.
If an election by districts be unavoidable, and the ideas here
suggested be sound, the evil will be diminished in proportion
to the extent given to the districts, taking two or more Sena
tors from each district.
The first question arising here is how
Electors. ,
far property ought to be made a qualifica
tion. There is a middle way to be taken, which corresponds at
once with the theory of free government and the lessons of ex
perience. A freehold or equivalent of a certain value may be
annexed to the right of voting for Senators, and the right left
more at large in the election of the other House. Examples of
this distinction may be found in the Constitutions of several
States, particularly, if I mistake not, of North Carolina and
New York. This middle mode reconciles and secures the two
cardinal objects of government, the rights of persons and the
rights of property. The former will be sufficiently guarded by
one branch, the latter more particularly by the other. Give all
power to property, and the indigent will be oppressed. Give it
to the latter, and the effect may be transposed. Give a defen
sive share to each, and each will be secure. The necessity of
thus guarding the rights of property was, for obvious reasons,
unattended to in the commencement of the Revolution. In all
the governments which were considered as beacons to republi-
138 WORKS OF MADISON. 1785.
can patriots and lawgivers, the rights of persons were subjected
to those of property. The poor were sacrificed to the rich. In
the existing state of American population and of American
property, the two classes of rights were so little discriminated,
that a provision for the rights of persons was supposed to in
clude of itself those of property; and it was natural to infer,
from the tendency of republican laws, that these different inter
ests would be more and more identified. Experience and in
vestigation have, however, produced more correct ideas on this
subject. It is now observed that in all populous countries the
smaller part only can be interested in preserving the rights of
property. It must be foreseen that America, and Kentucky it
self, will by degrees arrive at this state of society; that in some
parts of the Union a very great advance is already made to
wards it. It is well understood that interest leads to injustice,
as well where the opportunity is presented to bodies of men as
to individuals; to an interested majority in a Republic, as to
the interested minority in any other form of government. The
time to guard against this danger is at the first forming of the
Constitution, and in the present state of population, when the
bulk of the people have a sufficient interest in possession or in
prospect to be attached to the rights of property, without being
insufficiently attached to the rights of persons. Liberty, not
less than justice, pleads for the policy here recommended. If
all power be suffered to slide into hands not interested in the
rights of property, which must be the case whenever a majority
fall under that description, one of two things cannot fail to hap
pen; either they will unite against the other description and
become the dupes and instruments of ambition, or their poverty
and dependence will render them the mercenary instruments of
wealth. In either case liberty will be subverted: in the first,
by a despotism growing out of anarchy; in the second, by an
oligarchy founded on corruption.
The second question under this head is, whether the ballot
be not a better mode than that of voting viva voce. The com
parative experience of the States pursuing the different modes
178>. JEFFERSON'S DRAUGHT, ETC. 189
is in favor of the first. It is found less difficult to guard against
fraud in that than against bribery in the other.
Does not the exclusion of Ministers of
the Gospel, as such, violate a fundamental
principle of liberty, by punishing a religious profession with the
privation of a civil right? Does it not violate another article
of the plan itself, which exempts religion from the cognizance
of Civil power? Does it not violate justice, by at once taking
away a right and prohibiting a compensation for it? Does it
not, in line, violate impartiality, by shutting the door against the
Ministers of one religion and leaving it open for those of every
other?
The re-eligibility of members after accepting offices of profit
is so much opposed to the present way of thinking in America,
that any discussion of the subject would probably be a waste of
time.
It is at least questionable whether death
Limits of power. i . i r> T , -,
ought to be confined to treason and mur
der." It would not, therefore, be prudent to tie the hands of
government in the manner here proposed. The prohibition of
pardon, however specious in theory, would have practical con
sequences which render it inadmissible. A single instance is a
sufficient proof. The crime of treason is generally shared by a
number, and often a very great number. It would be politically
if not morally wrong to take away the lives of all, even if every
individual were equally guilty. What name would be given to
a severity which made no distinction between the legal and the
moral offence; between the deluded multitude and their wicked
leaders? A second trial would not avoid the difficulty: because
the oaths of the jury would not permit them to hearken to any
voice but the inexorable voice of the law.
The power of the Legislature to appoint any other than their
own officers departs too far from the theory which requires a
separation of the great departments of government. One of the
best securities against the creation of unnecessary offices or ty
rannical powers is an exclusion of the authors from all share
in filling the one, or influence in the execution of the other.
190 WORKS OF MADISON. 1785.
The proper mode of appointing to offices will fall under another
head.
An election by the Legislature is liable
Executive Governor. . J '
to insuperable objections. It not only
tends to faction, intrigue, and corruption, but leaves the Exec
utive under the influence of an improper obligation to that De
partment. An election by the people at large, as in this* and
several other States, or by electors, as in the appointment of
the Senate in Maryland, or, indeed, by the people, thro' any other
channel than their legislative representatives, seems to be far
preferable. The ineligibility a second time, tho' not perhaps
without advantages, is also liable to a variety of strong objec
tions. It takes away one powerful motive to a faithful and
useful administration, the desire of acquiring that title to a re-
appointment. By rendering a periodical change of men neces
sary, it discourages beneficial undertakings, which require per
severance and system, or, as frequently happened in the Roman
Consulate, either precipitates or prevents the execution of them.
It may inspire desperate enterprises for the attainment of what
is not attainable by legitimate means. It fetters the judgment
and inclination of the community; and in critical moments
would either produce a violation of the Constitution or exclude
a choice which might be essential to the public safety. Add to
the whole, that by putting the Executive Magistrate in the sit
uation o.f the tenant of an unrenewable lease, it would tempt
him to neglect the constitutional rights of his department, and
to connive at usurpations by the Legislative department, with
which he may connect his future ambition or interest.
The clause restraining the first magistrate from the immedi
ate command of the military force would be made better by
excepting cases in which he should receive the sanction of the
two branches of the Legislature.
Council of State. The following variations are suggested :
1. The election to be made by the people
immediately, or thro' some other medium than the Legislature.
* New York, where these remarks were penned.
ITS.'). JEFFERSON'S DRAUGHT, ETC. 191
2. A distributive choice should perhaps be secured, as in the
case of the Senate. 3. Instead of an ineligibility a second
time, a rotation in the Federal Senate, with an abridgment of
the term, to be substituted.
The appointment to offices is, of all the functions of Republi
can, and perhaps every other form of government, the most dif
ficult to guard against abuse. Give it to a numerous body, and
you at once destroy all responsibility, and create a perpetual
source of faction and corruption. Give it to the Executive
wholly, and it may be made an engine of improper influence and
favoritism. Suppose the power were divided thus : let the Ex
ecutive alone make all the subordinate appointments, and the
Governor and Seriate, as in the Federal Constitution, those of
the superior order. It seems particularly fit that the Judges,
who are to form a distinct department, should owe their offices
partly to each of the other departments, rather than wholly to
either.
. Much detail ought to be avoided in the
Constitutional regulation of this Depart
ment, that there may be room for changes which may be de
manded by the progressive changes in the state of our popula
tion. It is at least doubtful whether the number of courts, the
number of Judges, or even the boundaries of jurisdiction, ought
to be made unalterable but by a revisal of the Constitution.
The precaution seems no otherwise necessary than as it may
prevent sudden modifications of the establishment, or addition
of obsequious judges, for the purpose of evading the checks of
the Constitution and giving effect to some sinister policy of the
Legislature. But might not the same object be otherwise at
tained? by prohibiting, for example, any innovations in those
particulars without the consent of that department? or without
the annual sanction of two or three successive Assemblies, over
and above the other pre-requisites to the passage of a law ?
The model here proposed for a Court of Appeals is not rec
ommended by experience. It is found, as might well be pre
sumed, that the members are always warped in their appellate
decisions by an attachment to the principles and jurisdiction of
192 WORKS OF MADISON. 178'..
their respective Courts, and still more so by the previous de
cision on the case removed by appeal. The only efficient cure
for the evil is to form a Court of Appeals of distinct and select
Judges. The expense ought not to be admitted as an objection :
1. Because the proper administration of justice is of too essen
tial a nature to be sacrificed to that consideration. 2. The
number of inferior judges might, in that case, be lessened. 3.
The whole department may be made to support itself by a judi
cious tax on law proceedings.
The excuse for non-attendance would be a more proper sub
ject of enquiry somewhere else than in the Court to which the
party belonged. Delicacy, mutual convenience, &c., would soon
reduce the regulation to mere form; or if not, it might become
a disagreeable source of little irritations among the members.
A certificate from the local Court, or some other local author
ity, where the party might reside or happen to be detained from
his duty, expressing the cause of absence, as well as that it was
judged to be satisfactory, might be safely substituted. Few
Judges would improperly claim their wages if such a formality
stood in the way. These observations are applicable to the
Council of State.
A Court of Impeachment is among the most puzzling articles
of a Republican Constitution; and it is far more easy to point
out defects in any plan than to supply a cure for them. The
diversified expedients adopted in the Constitutions of the sev
eral States prove how much the compilers were embarrassed on
this subject. The plan here proposed varies from all of them,
and is, perhaps, not less than any, a proof of the difficulties
which pressed the ingenuity of its author. The remarks arising
on it are: 1. That it seems not to square with reason that the
right to impeach should be united to that of trying the impeach
ment, and consequently, in a proportional degree, to that of
sharing in the appointment of or influence on the Tribunal to
which the trial may belong. 2. As the Executive and Judi
ciary would form a majority of the Court, and either have a
right to impeach, too much might depend on a combiuation of
these departments. This objection would be still stronger if
1785. JEFFERSON'S DRAUGHT, ETC. 193
the members of the Assembly were capable, as proposed, of
holding offices, and were amenable in that capacity to the
Court. 3. The House of Delegates and either of those depart
ments could appoint a majority of the Court. Here is another
danger of combination, and the more to be apprehended, as that
branch of the Legislature would also have the right to impeach,
a right in their hands of itself sufficiently weighty; and as the
power of the Court would extend to the head of the Executive,
by whose independence the constitutional rights of that Depart
ment are to be secured against legislative usurpations. 4. The
dangers in the two last cases would be still more formidable,
as the power extends not only to deprivation, but to future in
capacity of office. In the case of all officers of sufficient impor
tance to be objects of factious persecution, the latter branch of
power is, in every view, of a delicate nature. In that of the
Chief Magistrate, it seems inadmissible if he be chosen by the
Legislature, and much more so if immediately by the people
themselves. A. temporary incapacitation is the most that could
be properly authorised.
The two great desiderata in a Court of Impeachments are:
1. Impartiality. 2. Respectability; the first in order to a right,
the second in order to a satisfactory decision. These character
istics are aimed at in the following modification: Let the Sen
ate be denied the right to impeach. Let one-third of the mem
bers be struck out, by alternate nominations of the prosecutors
and party impeached; the remaining two-thirds to be the stamen
of the Court. When the House of Delegates impeach, let the
Judges, or a certain proportion of them, and the Council of
State, be associated in the trial; when the Governor or Council
impeaches, let the Judges only be associated; when the Judges
impeach, let the Council only be associated. But if the party
impeached by the House of Delegates be a member of the Ex
ecutive or Judiciary, let that of which he is a member not
be associated. If the party impeached belong to one and
be impeached by the other of these branches, let neither of
them be associated, the decision being in this case left with the
Senate alone; or if that be thought exceptionable, a few mem-
VOL. i. 13
194 WORKS OF MADISON. 1785
bers might be added by the House of Delegates. Two-thirds
of the Court should in all cases be necessary to a conviction,
and the Chief Magistrate, at least, should be exempt from a sen
tence of perpetual, if not of temporary incapacity. It is ex
tremely probable that a critical discussion of this outline may
discover objections which do not occur. Some do occur; but
appear not to be greater than are incident to any different mod
ification of the Tribunal.
The establishment of trials by jury and viva voce testimony,
in all cases and in all Courts, is, to say the least, a delicate ex
periment; and would most probably be either violated, or be
found inconvenient.
A revisionary power is meant as a check
Council of Revision. .
to precipitate, to unjust, and to unconsti
tutional laws. These important ends would, it is conceded, be
more effectually secured, without disarming the Legislature of
its requisite authority, by requiring bills to be separately com
municated to the Executive and Judiciary departments. If
either of these object, let two-thirds, if both, three-fourths, of
each House be necessary to overrule the objection; and if either
or both protest against a bill as violating the Constitution, let
it moreover be suspended, notwithstanding the overruling pro
portion of the Assembly, until there shall have been a subse
quent election of the House of Delegates and a re-passage of
the bill by two-thirds or three-fourths of both houses, as the case
may be. It should not be allowed the Judges or the Executive
to pronounce a law thus enacted unconstitutional and invalid.
In the State Constitutions, and, indeed, in the Federal one
also, no provision is made for the case of a disagreement in ex
pounding them; and as the Courts are generally the last in
making the decision, it results to them, by refusing or not re
fusing to execute a law, to stamp it with its final character.
This makes the Judiciary department paramount in fact to the
Legislature, which was never intended and can never be proper.
The extension of the Habeas Corpus to the cases in which it
has been usually suspended merits consideration at least. If
there be emergencies which call for such a suspension, it can
1785. LETTERS. 195
have no effect to prohibit it, because the prohibition will as
suredly give way to the impulse of the moment; or rather, it
will have the bad effect of facilitating other violations that may
be less necessary. The exemption of the press from liability in
every case for true facts is also an innovation, and, as such,
ought to be well considered. This essential branch of liberty
is, perhaps, in more danger of being interrupted by local tumults,
or the silent awe of a predominant party, than by any direct
attacks of power.
TO THOMAS JEFFEBSON.
PHILADELPHIA, October 3d, 1785.
DEAR Sra, — In pursuance of the plan intimated in my last, I
came to this city about three weeks ago, from which I contin
ued my trip to New York. I returned last night, and in a day
or two shall start for Virginia. Col. Monroe had left Phil
adelphia a few days before I reached it, on his way to a treaty
to be held with the Indians about the end of this month on the
Wabash. If a visit to the Eastern States had been his choice,
short as the time would have proved, I should have made an
effort to attend him. As it is, I must postpone that gratifica
tion, with a purpose, however, of embracing it on the first con
venient opportunity.
Your favor of the 11 May, by Monsr Doradour, inclosing
your cypher, arrived in Virginia after I left it, and was sent
after me to this place. Your notes which accompanied it re
mained behind, and consequently I can only now say on that
subject that I shall obey your request on my return, which iny
call to Richmond will give me an early opportunity of doing.
During my stay at New York I had several conversations
with the Virginia Delegates, but with few others, on the affairs
of the confederacy. I find with much regret that these are, as
yet, little redeemed from the confusion which has so long mor
tified the friends to our national honor and prosperity. Con
gress have kept the vessel from sinking, but it has been by
196 WORKS OF MADISON. 1785.
standing constantly at the pump, not by stopping the leaks
which have endangered her. All their efforts for the latter
purpose have been frustrated by the selfishness or perverseness
of some part or other of their constituents. The desiderata
most strongly urged by our past experience and our present
situation are: 1. A final discrimination between such of the
unauthorised expences of the States as ought to be added to the
common debt, and such as ought not. 2. A constitutional ap
portionment of the common debt, either by a valuation of the
lands, or a change of the article which requires it. 3. A rec
ognition by the States of the authority of Congress to enforce
payment of their respective quotas. 4. A grant to Congress
of an adequate power over trade.
It is evident to me that the first object will never be effected
in Congress, because it requires in those who are to decide it
the spirit of impartial judges, whilst the spirit of those who
compose Congress is rather that of advocates for the respective
interests of their constituents. If this business were referred
to a commission filled by a member chosen by Congress out of
each State, and sworn to impartiality, I should have hopes of
seeing an end of it. The 2d object affords less ground of hope.
The execution of the 8th article of Confederation is generally
held impracticable, and Rhode Island, if no other State, has put
its veto on the proposed alteration of it. Until the 3d object
can be obtained, the Requisitions of Congress will continue to
be mere calls for voluntary contributions, which every State
will be tempted to evade, by the uniform experience that those
States have come off best which have done so most. The pres
ent plan of federal Government reverses the first principle of
all Government. It punishes not the evil-doers, but those that
do well. It may be considered, I think, as a fortunate circum
stance for the United States, that the use of coercion, or such
provision as would render the use of it unnecessary, might be
made at little expence and perfect safety. A single frigate
under the orders of Congress could make it the interest of any
one of the Atlantic States to pay its just quota. With regard
to such of the ultramontane States as depend on the trade of
1785. LETTERS. 197
the Mississippi, as small a force would have the same effect;
whilst the residue trading through the Atlantic States might be
wrought upon by means more indirect, indeed, but perhaps suf
ficiently effectual.
The fate of the 4tb object is still suspended. The Recom
mendations of Congress on this subject, past before your depart
ure, have been positively complied with by few of the States, I
believe; but I do not learn that they have been rejected by any.
A proposition has been agitated in Congress, and will, I am
told, be revived, asking from the States a general and perma
nent authority to regulate trade, with a proviso that it shall in
no case be exercised without the assent of eleven States in Con
gress. The Middle States favor the measure; the Eastern are
zealous for it; the Southern are divided. Of the Virginia del
egation, the president* is an inflexible adversary, Grayson un
friendly, and Monroe and Hardy warm on the opposite side.
If the proposition should pass Congress, its fate will depend
much on the reception it may find in Virginia, and this will de
pend much on the part which may be taken by a few members
of the Legislature. The prospect of its being levelled against
Great Britain will be most likely to give it popularity.
In this suspence of a general provision for our commercial
interests, the more suffering States are seeking relief from par
tial efforts, which are less likely to obtain it than to drive their
trade into other channels, and to kindle heart-burnings on all
sides. Massachusetts made the beginning; Pennsylvania has
followed with a catalogue of duties on foreign goods and ton
nage, which could scarcely be enforced against the smuggler, if
New Jersey, Delaware, and Maryland, were to co-operate with
her. The avowed object of these duties is to encourage domes
tic manufactures, and prevent the exportation of coin to pay
for foreign. The Legislature had previously repealed the in
corporation of the Bank, as the cause of the latter and a great
many other evils. South Carolina, I am told, is deliberating
on the distresses of her commerce, and will probably concur in
* R. H. Lee.
198 WORKS OF MADISON. 1785.
some general plan, with a proviso, no doubt, against any re
straint from importing slaves, of which they have received from
Africa since the peace about twelve Thousand. She is also de
liberating on the emission of paper money, and it is expected
she will legalize a supension of Judicial proceedings, which has
been already effected by popular combinations. The pretext
for these measures is the want of specie occasioned by the un
favorable balance of trade.
Your introduction of Mr. T. Franklin has been presented to
me. The arrival of his Grandfather has produced an emulation
among the different parties here in doing homage to his char
acter. He will be unanimously chosen president of the State,
and will either restore to it an unexpected quiet or lose his
own. It appears, from his answer to some applications, that he
will not decline the appointment.
On my journey I called at Mount Vernon, and had the pleas
ure of finding the General in perfect health. He had just re
turned from a trip up the Potomac. He grows more and more
sanguine as he examines further into the practicability of open
ing its navigation. The subscriptions are completed within a
few shares, and the work is already begun at some of the lesser
obstructions. It is overlooked by Rumsey, the inventor of the
boats, which I have in former letters mentioned to you. He
has not yet disclosed his secret. He had of late nearly finished
a boat of proper size, which he meant to have exhibited, but the
House which contained it and materials for others was con
sumed by fire. He assured the General that the enlargement
of his machinery did not lessen the prospect of utility afforded
by the miniature experiments. The General declines the shares
voted him by the Assembly, but does not mean to withdraw the
money from the object which it is to aid, and will even appro
priate the future tolls, I believe, to some useful public estab
lishment, if any such can be devised that will both please him
self and be likely to please the State.
This is accompanied by a letter from our amiable friend, Mrs.
Trist, to Miss Patsy. She got back safe to her friends in Au
gust, and is as well as she has generally been; but her cheerful-
1785. LETTERS. 199
ness seems to be rendered less uniform than it once was by the
scenes of adversity through which fortune has led her. Mrs.
House is well, and charges me not to omit her respectful ana
affectionate compliments to you.
I remain, dear sir, yours.
TO GENERAL WASHINGTON.
RICHMOND, Novr llth, 1785.
DEAR SIR, — I received your favor of the 29th ultimo on Thurs
day. That by Col. Lee had been previously delivered. Your
letter for the Assembly was laid before them yesterday. I have
reason to believe that it was received with every sentiment
which could correspond with yours. Nothing passed from which
any conjecture could be formed as to the objects which would
be most pleasing for the appropriation of the fund. The dispo
sition is, I am persuaded, much stronger to acquiesce in your
choice, whatever it may be, than to lead or anticipate it. I see
no inconveniency in your taking time for a choice that will
please yourself. The letter was referred to a committee, which
will no doubt make such a report as will give effect to your
wishes.
Our Session commenced very inauspiciously with a contest
for the chair, which was followed by a rigid scrutiny into Mr.
Harrison's election in his County. He gained the chair by a
majority of six votes, and retained his seat by a majority of still
fewer. His residence was the point on which the latter ques
tion turned. Doctor Lee's election was questioned on a simi
lar point, and was also established; but it was held to be va
cated by his acceptance of a lucrative post under the United
States. The House have engaged with some alacrity in the
consideration of the Revised Code, prepared by Mr. Jefferson.
Mr. Pendleton, and Mr. Wythe. The present temper promises
an adoption of it in substance. The greatest danger arises
from its length, compared with the patience of the members. If
200 WORKS OF MADISON. 1785.
it is persisted in, it must exclude several matters which are of
moment, but, I hope, only for the present Assembly. The pulse
of the House of Delegates was felt on Thursday with regard to
a general manumission, by a petition presented on that subject.
It was rejected without dissent, but not without an avowed
patronage of its principle by sundry respectable members. A
motion was made to throw it under the table, which was treated
with as much indignation on one side as the petition itself was
on the other. There are several petitions before the House
against any step towards freeing the Slaves, and even praying
Tor a repeal of the law which licences particular manumissions.
The merchants of several of our towns have made representa
tions on the distress of our commerce, which have raised the
question whether relief shall be attempted by a reference to
Congress, or by measures within our own compass. On a pretty
full discussion, it was determined by a large majority that the
power over trade ought to be vested in Congress, under certain
qualifications. If the qualifications suggested, and no others,
should be annexed, I think they will not be subversive of the
principle; tho' they will, no doubt, lessen its utility. The
Speaker, Mr. M. Smith, and Mr. Braxton, are the champions
against Congress. Mr. Thruston and Mr. White have since
come in, and I fancy I may set down both as auxiliaries.
They are not a little puzzled, however, by the difficulty of
substituting any practicable regulations within ourselves. Mr.
Braxton proposed two, that did not much aid his side of the
question. The first was, that all British vessels from the West
Indies should be excluded from our ports; the second, that no
merchant should carry on trade here until he should have been
a resident years. Unless some plan free from objection
can be devised for this State, its patrons will be reduced clearly
to the dilemma of acceding to a general one, or leaving our
trade under all its present embarrassments. There was some
little skirmishing on the ground of public faith, which leads me
to hope that its friends have less to fear than was surmised.
The Assize and Port Bills have not yet been awakened. Tho
Senate will make a House to-day for the first time.
1785. REGULATION OF COMMERCE. 201
Inclosed herewith are two Reports from the commissioners
for examining the head of James River, &c., and the ground
between the waters of Elizabeth River and North Carolina;
also, a sensible pamphlet said to be written by St. George
Tucker.
[Notes of a speech made by Mr. Madison in the House of Delegates of Vir
ginia, in the month of November, 1785, on the question of vesting in Congress
the general power of regulating commerce for all the States :]
I. General regulations necessary, whether the object be to —
1. Counteract foreign plans.
2. Encourage ships and seamen.
3. manufactures.
4. Revenue.
5. Frugality; [articles of luxury most easily run from State
to State.]
6. Embargo's in war — Case of Delaware in late war.
II. Necessary to prevent contention among States.
1. Case of French Provinces; Neckar says 23,000 patrols
employed against internal contrabands.
2. Case of Massachusetts and Connecticut.
3. Case of New York and New Jersey.
4. Pennsylvania and Delaware.
5. Virginia and Maryland, late regulation.
6. Irish propositions.
III. Necessary to justice and true policy.
1. Connecticut and New Hampshire.
2. New Jersey.
3. North Carolina.
4. Western Country.
IV. Necessary as a system convenient and intelligible to for
eigners trading to the United States.
V. Necessary as within reason of Federal Constitution, the
regulation of trade being as impracticable by States as peace,
war, ambassadors, &c.
9Q2 WORKS OF MADISON. 1785.
Treaties of commerce ineffectual without it.
VI. Safe with regard to the liberties of the States.
1. Congress may be trusted with trade as well as war, &c.
2. Power of Treaties involve the danger, if any.
3. Controul of States over Congress.
4. Example of Amphyctionic League, Achaean, <fcc., Switzer
land, Holland, Germany.
5. Peculiar situation of United States increases the repellant
power of the States.
VII. Essential to preserve federal Constitution.
1. Declension of federal Government.
2. Inadequacy to end must lead States to substitute some
other policy — no institution remaining long when it ceases to
be useful, &c.
3. Policy of Great Britain to weaken Union.
VIII. Consequences of dissolution of confederacy.
1. Appeal to sword in every petty squabble.
2. Standing armies, beginning with weak and jealous States.
3. Perpetual taxes.
4. Sport of foreign politics.
5. Blast glory of Revolution.
TO THOS JEFFERSON.
RICHMOND, Nov. 15th, 1785.
DEAR SIR, — I acknowledged from Philadelphia your favor
of the llth May. On my return to Orange, I found the copy
of your notes brought along with it by Mr. Doradour. I have
looked them over carefully myself, and consulted several judi
cious friends in confidence. We are all sensible that the free
dom of your strictures on some particular measures and opinions
will displease their respective abettors. But we equally con
cur in thinking that this consideration ought not to be weighed
against the utility of your plan. We think both the facts and
remarks which you have assembled too valuable not to be made
known, at least to those for whom you destine them, and speak
1785. LETTERS. 203
of them to one another in terms which I must not repeat to y@u.
Mr. "Wythe suggested that it might be better to put the number
you may allot to the University into the library, rather than to
distribute them among the students. In the latter case, the
stock will be immediately exhausted. In the former, the dis
cretion of the professors will make it serve the students as they
successively come in. Perhaps, too, an indiscriminate gift might
offend some narrow-minded parents.
Mr. Wythe desired me to present you with his most friendly
regards. He mentioned the difficulty he experiences in using
his pen as an apology for not giving these assurances himself.
I postpone my account of the Assembly till I can make it more
satisfactory, observing only that we are at work on the Revi-
sal, and I am not without hopes of seeing it pass this session,
with as few alterations as could be expected. Some are made
unavoidable by a change of circumstances. The greatest dan
ger is to be apprehended from the impatience which a certain
lapse of time always produces.
TO JAMES MONROE.
RICHMOND, December 9th, 1785.
DEAR SIR, — Supposing that you will be at New York by the
time this reaches it, I drop a few lines for the post of to-day.
Mr. Jones tells me he informed you that a substitute had been
brought forward to the commercial propositions which you left
on the carpet. The subject has not since been called up. If
any change has taken place in the mind of the House, it has not
been unfavorable to the idea of confiding to Congress a power
over trade. I am far from thinking, however, that a perpetual
power can be made palatable at this time. It is more probable
that the other idea of a Convention of Commissioners to An
napolis, from the States, for deliberating on the state of com
merce and the degree of power which ought to be lodged in
Congress, will be attempted. Should it fail in the House, it is
possible that a revival of the printed propositions, with an ex-
204 WORKS OF MADISON. 1783.
tension of their term to twenty-five years, will be thought on
by those who contend that something of a general nature ought
to be done. My own opinion is unaltered. The propositions
for a State effort have passed, and a bill is ordered in, but the
passage of the bill will be a work of difficulty and uncertainty;
many having acquiesced in the preliminary stages who will
strenuously oppose the measure in its last stages.
No decisive vote has been yet taken on the assize bill. I
conceive it to be in some danger, but that the chance is in its
favour. The case of the British debts will be introduced in a
day or two. We have got through more than half of the Revi-
sal. The criminal bill has been assailed on all sides. Mr.
Mercer has proclaimed unceasing hostility against it. Some
alterations have been made, and others probably will be made,
but I think the main principle of it will finally triumph over all
opposition. I had hoped that this session would have finished
the code, but a vote against postponing the further considera
tion of it till the next was carried by so small a majority, that
I perceive it will be necessary to contend for nothing more
than a few of the more important bills, leaving the residue of
them for another year.
My proposed amendment to the report on the Memorial of
Kentucky was agreed to in a Committee of the whole without
alteration, and with very few dissents. It lies on the table for
the ratification of the House. The members from that district
have become extremely cold on the subject of an immediate sep
aration. The half tax is postponed till March, and the Septem
ber tax till November next. Not a word has passed in the
House as to a paper emission. I wish to hear from you on your
arrival at New York, and to receive, in particular, whatever
you may be at liberty to disclose with regard to the Treaty of
peace, &c., with Great Britain.
1785. LETTERS. 205
TO GENERAL WASHINGTON.
RICHMOND, December 9th, 1785.
DEAR SIR, — Your favor of November 30 was received a few
days ago. This would have followed much earlier the one
which yours acknowledges, had I not wished it to contain some
final information relative to the commercial propositions. The
discussion of them has consumed much time, and though the
absolute necessity of some such general system prevailed over
all the efforts of its adversaries in the first instance, the strata
gem of limiting its duration to a short term has ultimately dis
appointed our hopes. I think it better to trust to further ex
perience, and even distress, for an adequate remedy, than to try
a temporary measure, which may stand in the way of a perma
nent one, and confirm that transatlantic policy which is founded
on our supposed distrust of Congress and of one another.
Those whose opposition in this case did not spring from illib
eral animosities towards the Northern States seem to have been
frightened, on one side, at the idea of a perpetual and irrevocable
grant of power, and, on the other, nattered with a hope that a
temporary grant might be renewed from time to time, if its
utility should be confirmed by the experiment. But we have
already granted perpetual and irrevocable powers of a more
extensive nature than those now proposed, and for reasons not
stronger than the reasons which urge the latter. And as to the
hope of renewal, it is the most visionary one that perhaps ever
deluded men of sense.
Nothing but the peculiarity of our circumstances could ever
have produced those sacrifices of sovereignty on which the fed
eral Government now rests. If they had been temporary, and
the expiration of the term required a renewal at this crisis,
pressing as the crisis is, and recent as is our experience of the
value of the Confederacy, sure I am that it would be impossible
to revive it. What room have we, then, to hope that the expira
tion of temporary grants of commercial powers would always
find a unanimous disposition in the States to follow their own
example ?
206 WORKS OF MADISON. 1785.
It ought to be remembered, too, that besides the caprice, jeal
ousy, and diversity of opinions, which will be certain obstacles
in our way, the policy of foreign nations may hereafter imitate
that of the Macedonian Prince who effected his purposes against
the Grecian Confederacy by gaining over a few of the leading
men in the smaller members of it. Add to the whole, that the
difficulty now found in obtaining a unanimous concurrence of
the States in any measure whatever must continually increase
with every increase of their numbers, and, perhaps, in a greater
ratio, as the ultramontane States may either have, or suppose
they have, a less similitude of interests to the Atlantic States
than these have to one another.
The propositions, however, have not yet received the final
vote of the House, having lain on the table for some time as a
report from the committee of the whole. The question was sus
pended in order to consider a proposition which had for its
object a meeting of Politico-commercial Commissioners from
all the States, for the purpose of digesting and reporting the
requisite augmentation of the power of Congress over trade.
What the event will be cannot be foreseen. The friends of
the original propositions are, I am told, rather increasing; but
I despair of a majority, in any event, for a longer term than
25 years for their duration. The other scheme will have fewer
enemies, and may, perhaps, be carried. It seems naturally to
grow out of the proposed appointment of Commissioners for
Virginia and Maryland, concerted at Mount Vernon, for keep
ing up harmony in the commercial regulations of the two States.
Maryland has ratified the Report; but has invited into the plan
Delaware and Pennsylvania, who will naturally pay the same
compliment to their neighbours, &c.
Besides the general propositions on the subject of trade, it
has been proposed that some intermediate measures should be
taken by ourselves; and a sort of navigation act will, I am ap
prehensive, be attempted. It is backed by the mercantile inter
est of most of our towns, except Alexandria, which alone seems
to have liberality and light on the subject. It was refused even
to suspend the measure on the concurrence of Maryland or N.
1785. LETTERS. 207
Carolina. This folly, however, cannot, one would think, brave
the ruin which it threatens to our Merchants, as well as people
at large, when a final vote comes to be given.
We have got through a great part of the Revisal, and might
by this time have been at the end of it, had the time wasted in
disputing whether it could be finished at this session been spent
in forwarding the work. As it is, we must content ourselves
with passing a few more of the important Bills, leaving the
residue for our successors of the next year. As none of the
Bills passed are to be in force till January, 1787, and the res
idue unpassed will probably be least disputable in their nature,
this expedient, tho' little eligible, is not inadmissible.
Our public credit has had a severe attack and a narrow
escape. As a compromise, it has been necessary to set forward
the half tax till March, and the whole tax of September next
till November ensuing. The latter postponement was meant to
give the planters more time to deal with the Merchants in the
sale of their Tobacco, and is made a permanent regulation.
The Assize Bill is now depending. It has many enemies, and
its fate is precarious. My hopes, however, prevail over my ap
prehensions. The fate of the Port Bill is more precarious.
The failure of an interview between our Commissioners and
Commissioners on the part of North Carolina has embarrassed
the projected Canal between the waters of the two States. If
North Carolina were entirely well disposed, the passing an act
suspended on and referred to her Legislature would be sufficient;
and this course must, I suppose, be tried, tho' previous negocia-
tion would have promised more certain success.
Kentucky has made a formal application for Independence.
Her memorial has been considered and the terms of separation
fixed by a committee of the whole. The substance of them is,
that all private rights and interests derived from the laws of
Virginia shall be secured; that the unlocated lands shall be ap
plied to the objects to which the laws of Virginia have appro
priated them; that non-residents shall be subjected to no higher
taxes than residents; that the Ohio shall be a common high
way for Citizens of the United States, and the jurisdiction of
208 WORKS OF MADISON 1785.
Kentucky and Virginia, as far as the remaining territory of
the latter will lie thereon, be concurrent only with the new
States on the opposite shore; that the proposed State shall take
its due share of our State debts; and that the separation shall
not take place unless these terms shall be approved by a Con
vention to be held to decide the question, nor until Congress
shall assent thereto, and fix the terms of their admission into
the Union. The limits of the proposed State are to be the same
witli the present limits of the District. The apparent coolness
of the Representatives of Kentucky as to a separation since
these terms have been defined indicates that they had some
views which will not be favored by them. They disliked much
to be hung up on the will of Congress.
TO JAMES MONROE.
RICHMOND, December 24, 1785.
DEAR SIR, — The proceedings of the Assembly since my last,
dated this day week, have related: 1. To the Bill for establish
ing Religious freedom in the Revisal. 2. A Bill concerning
British debts. 3. A Bill concerning the Proprietary interest in
the Northern neck. 4. For reforming the County Courts. The
first employed the House of Delegates several days, the pre
amble being the principal subject of contention. It at length
passed without alteration. The Senate, I am told, have ex
changed, after equal altercation, the preamble of the revisal for
the last clause in the Declaration of Rights; an exchange which
was proposed in the House of Delegates and negatived by a
considerable majority. I do not learn that they have made, or
will make, any other alteration.
The Bill for the payment of British debts is nearly a tran
script of that which went through the two Houses last year, ex
cept that it leaves the periods of instalment blank, and gives the
creditor an opportunity of taking immediate execution for the
whole debt, if the debtor refuses to give security for complying
with the instalments. The Bill was near being put off to the
1781. LETTERS. ^ 209
next session on the second reading. A majority were for it;
but having got inadvertently into a hobble, from the manner in
which the question was put, the result was, that Monday next
should be appointed for its consideration. The arrival and
sentiments of Col. Grayson will be favorable to some provision
on the subject. A clause is annexed to the Bill authorising the
Executive to suspend its operation, in case Congress shall sig
nify the policy of so doing. The general cry is, that the Treaty
ought not to be executed here until the posts are surrendered,
and an attempt will be made to suspend the operation of the
Bill on that event, or, at least, on the event of a positive dec
laration from Congress that it ought to be put in force. The
last mode will probably be fixed on, notwithstanding its depar
ture from the regular course of proceeding, and the embarrass
ment in which it may place Congress.
The Bill for reforming the County Courts proposes to select
five Justices, who are to sit quarterly, be paid scantily, and to
possess the civil jurisdiction of the County courts, and the crim
inal jurisdiction of the General Court, under certain restric
tions. It is meant as a substitute for the Assize system, to all
the objections against which it is liable, without possessing its
advantages. It is uncertain whether it will pass at all, or what
form it will finally take. I am inclined to think it will be
thrown out. The Bill relating to the Northern Neck passed
the House of Delegates yesterday. It removes the records into
the Land office here, assimilates locations of surplus land to the
general plan, and abolishes the Quit-rent. It was suggested
that the latter point was of a judiciary nature, that it involved
questions of fact, of law, and of the Treaty of peace, and that
the representatives of the late proprietor ought at least to be
previously heard, according to the request of their Agent. Very
little attention was paid to these considerations, and the bill
passed almost unanimously.
VOL. I. 14
210 WORKS OF MADISON. 1735.
TO JAMES MONROE.
RICHMOND, Decp 30th, 1785.
DEAR SIR, — The past week has been rendered important by
nothing but some discussions on the subject of British debts.
The bill brought in varied from that which miscarried last
year: 1. By adding provision in favor of the creditors for secu
ring payment at the dates of the instalments. 2. By annexing
a clause empowering the Executive to suspend the operation of
the act in case Congress should notify their wish to that effect.
Great difficulty was found in drawing the House into Commit
tee on the subject. It was at length effected on Wednesday.
The changes made in the Bill by the Committee are: 1. Stri
king out the clause saving the Creditors from the act of limita
tion, which makes the whole a scene of mockery. 2. Striking
out the provision for securities. 3. Converting the clause au
thorizing Congress to direct a suspension of the act into a
clause suspending it until Congress should notify to the Execu
tive that Great Britain had complied with the Treaty on her
part, or that they were satisfied with the steps taken by her for
evacuating the posts, paying for Negroes, and for a full compli
ance with the Treaty. The sentence underlined was proposed
as an amendment to the amendment, and admitted by a very
small majority only. 4. Exonerating the public from responsi
bility for the payments into the Treasury by British debtors
beyond the real value of the liquidated paper. Since these pro
ceedings of the Committee of the whole the subject has slept
on the table, no one having called for the report. Being con
vinced myself that nothing can be now done that will not ex
tremely dishonor us and embarrass Congress, my wish is that
the report may not be called for at all.
In the course of the debates no pains were spared to dispar
age the Treaty by insinuations against Congress, the Eastern
States, and the negociators of the Treaty, particularly J. Adams.
These insinuations and artifices explain, perhaps, one of the
motives from which the augmentation of the federal powers and
respectability has been opposed.
17 80.
LETTERS. 211
The reform of the County Courts has dwindled into direc
tions for going through the docket quarterly, under the same
penalties as now oblige them to do their business monthly. The
experiment has demonstrated the impracticability of rendering
these courts fit instruments of Justice; and if it had preceded
the Assize Question, would, I think, have ensured its success.
Some wish to renew this question in a varied form, or at least
under a varied title, but the session is too near its period for
such an attempt. When it will end I know not. The business
depending would employ the House till March. A system of
navigation and commercial regulations for this State alone is
before us, and comprises matter for a month's debate. The
compact with Maryland has been ratified. It was proposed to
submit it to Congress for their sanction, as being within the
word Treaty used in the Confederation. This was opposed. It
was then attempted to transmit it to our Delegates, to be by
them simply laid before Congress. Even this was negatived by
a large majority.
TO THOMAS JEFFERSON.
RICHMOND, January 22d, 1786.
DEAR SIR, — My last, dated November 15th, from this place,
answered yours of May llth, on the subject of your printed
notes. I have since had opportunities of consulting other
friends on the plan you propose, who concur in the result of the
consultations which I transmitted you. Mr. Wythe's idea seems
to be generally approved; that the copies destined for the Uni
versity should be dealt out by the discretion of the Professors,
rather than indiscriminately and at once put into the hands of
the students, which, other objections apart, would at once ex
haust the stock. A vessel from Havre de Grace brought me a
few days ago two Trunks of Books, but without letter or cat
alogue attending them. I have forwarded them to Orange
without examining much into the contents, lest I should miss a
conveyance which is very precarious at this season, and be de-
212 WORKS OF MADISON.
prived of the amusement they promise me for the residue of the
winter.
Our Assembly last night closed a session of 97 days, during
the whole of which, except the first seven, I have shared in the
confinement. It opened with a very warm struggle for the
chair between Mr. Harrison and Mr. Tyler, which ended in the
victory of the former by a majority of six votes. This victory
was shortly afterwards nearly frustrated by an impeachment
of his election in the County of Surry. Having failed in his
native County of Charles City, he abdicated his residence there,
removed into the County of Surry, where he had an estate, took
every step which the interval would admit to constitute him
self an inhabitant, and was, in consequence, elected a represent
ative. A charge of non-residence was, nevertheless, brought
against him, decided against him in the committee of privileges
by the casting vote of the Chairman, and reversed in the House
by a very small majority. The election of Doctor Lee was at
tacked on two grounds: 1st, of non-residence; 2dly, of holding a
lucrative office under Congress. On the 1st he was acquitted;
on the 2d, expelled by a large majority.
The revised Code was brought forward prettly early in the
session. It was first referred to Committee of Courts of Jus
tice, to report such of the bills as were not of a temporary na
ture, and, on their report, committed to committee of the whole.
Some difficulties were raised as to the proper mode of proceed
ing, and some opposition made to the work itself. These, how
ever, being surmounted, and three days in each week appropri
ated to the task, we went on slowly but successfully, till we
arrived at the bill concerning crimes and punishments. Here
the adversaries of the Code exerted their whole force, which,
being abetted by the impatience of its friends in an advanced
stage of the session, so far prevailed that the farther prosecu
tion of the work was postponed till the next session.
The operation of the bills passed is suspended until the be
ginning of 1787, so that, if the code should be resumed by the
next Assembly and finished early in the session, the whole sys
tem may commence at once. I found it more popular in the
1786.
LETTERS. 213
Assembly than I had formed any idea of, and though it was
considered by paragraphs, and carried through all the custom
ary forms, it might have been finished at one session with great
ease, if the time spent on motions to put it off and other dila
tory artifices had been employed on its merits. The adversa
ries were the Speaker, Thruston, and Mercer, who came late in
the session into a vacancy left by the death of Col. Brent, of
Stafford, and contributed principally to the mischief.
The titles in the enclosed list will point out to you such of
the bills as were adopted from the Revisal. The alterations
which they underwent are too numerous to be specified, but
have not materially vitiated the work. The bills passed over
were either temporary ones, such as, being not essential as parts
of the system, may be adopted at any time, and were likely to
impede it at this, or such as have been rendered unnecessary by
acts passed since the epoch at which the revisal was prepared.
After the completion of the work at this session was despaired
of, it was proposed and decided that a few of the bills following
the bill concerning crimes and punishments should be taken up,
as of peculiar importance.
The only one of these which was pursued into an Act is the
Bill concerning Religious freedom. The steps taken through
out the Country to defeat the General Assessment had pro
duced all the effect that could have been wished. The table
was loaded with petitions and remonstrances from all parts
against the interposition of the Legislature in matters of Re
ligion. A general Convention of the Presbyterian church
prayed expressly that the bill in the revisal might be passed
into a law, as the best safeguard, short of a Constitutional one,
for their religious rights. The bill was carried thro' the House
of Delegates without alteration. The Senate objected to the
preamble, and sent down a proposed substitution of the 16th ar
ticle of the Declaration of Rights. The House of Delegates
disagreed. The Senate insisted, and asked a Conference. Their
objections were frivolous indeed. In order to remove them, as
diey were understood by the Managers of the House of Dele-
214 WORKS OF MADISON. 1786.
gates, the preamble was sent up again from the House of Dele
gates' with one or two verbal alterations. As an amendment
to these the Senate sent down a few others, which, as they did
not affect the substance, though they somewhat defaced the
composition, it was thought better to agree to than to run fur
ther risks, especially as it was getting late in the Session and
the House growing thin. The enacting clauses past without a
single alteration, and I flatter myself have, in this country, ex
tinguished forever the ambitious hope of making laws for the
human mind.
Acts not included in the Revised.
For the naturaiiza- This was brought forward by Col. Henry
tlon^of the Marquis de Lee, Jr., and passed without opposition.
It recites his merits towards this Country,
and constitutes him a Citizen of it.
The donation presented to Gen1 Wash-
To amend the act . , , . „
vesting in Gen1 Wash- ington embarrassed him much. On one
ingtoifcertain shares in side he disliked the appearance of slight-
the River Companies. . . - r
ing the bounty of his Country, and of an
ostentatious disinterestedness. On the other, an acceptance of
reward in any shape was irreconcileable with the law lie had
imposed on himself. His answer to the Assembly declined in
the most affectionate terms the emolument allotted to himself,
but intimated his willingness to accept it so far as to dedicate
it to some public and patriotic use. This act recites the origi
nal act and his answer, and appropriates the future revenue from
the shares to such public objects as he shall appoint. He has
been pleased to ask my ideas with regard to the most proper
objects. I suggest, in general only, a partition of the fund be
tween some institution which would please the philosophical
world, and some other which may be of a popular cast. If your
knowledge of the several institutions in France or elsewhere
should suggest models or hints, I could wish for your ideas on
the case, which no less concern the good of the Commonwealth
than the character of its most illustrious citizen.
1786.
LETTERS. 215
Some of the malefactors consigned by
the Executive to labour brought the legal-
cil to grant Conditional j^y of such pardons before the late Court
pardons in certain cases. * . ,
of Appeals, who adjudged them to be void.
This act gives the Executive a power in such cases for one year.
It passed before the bill in the revisal on this subject was taken
up, and was urged against the necessity of passing it at this
Session. The expiration of this act at the next Session will
become an argument on the other side.
This act empowers the Executive to con-
An act giving powers
to the Governor and fine Or Send away SUSplClOUS aliens, On no-
Council in certain cases. tice from Congress that their sovereigns
have declared or commenced hostilities against the United
States, or that the latter have declared war against such sover
eigns. It was occasioned by the arrival of two or three Alge-
rines here, who, having no apparent object, were suspected of
an unfriendly one. The Executive caused them to be brought
before them, but found themselves unarmed with power to pro
ceed. These adventurers have since gone off.
Act for safe keeping Abolishes the quit-rent, and removes the
era-Neck.^ papers to the Register's office.
Act for reforming Requires them to clear their dockets
County Courts. quarterly. It amounts to nothing, and is
chiefly the result of efforts to render Courts of Assize unneces
sary.
The latter act, passed at the last session,
Act to suspend the T i ,.
operation of the act es- required sundry supplemental regulations
tablishing Courts of As- to fit jt for operation. An attempt to pro
vide these, which involved the merits of the
innovation, drew forth the united exertions of its adversaries.
On the question on the supplemental bill, they prevailed by 63
votes against 49. The best that could be done in this situation
was to suspend instead of repealing the original act, which will
give another chance to our successors for introducing the pro
posed reform. The various interests opposed to it will never
be conquered without considerable difficulty.
2(6 WORKS OF MADISON. 17SC.
Resolution proposing The necessity of harmony in the commer-
a general meeting of cial regulations of the States has been ren-
eommissioners from the , , , mi i i
States to consider and dQYQd every day more apparent. Ihe local
recommend a federal efforts to counteract the policy of Great
plan for regulating com- . r J
merce; and appointing Britain, instead ol succeeding, have in every
instance recoiled more or less on the State's
Js Madison, Jr., Walter which ventured on the trial. Notwith-
Jones, S* G-. Tucker. M. n. .-, .-. ,r , P
Smith, G. Mason, and standing these lessons, the Merchants 01
David Ross, who are to fl^g State, except those of Alexandria, and
communicate the propo- ' . . . '
sal and suggest time and a few of the more intelligent individuals
place of meeting. elsewhere, were so far carried away by
their jealousies of the Northern Marine as to wish for a naviga
tion Act confined to this State alone. In opposition to those
narrow ideas, the printed proposition herewith inclosed was
made. As printed, it went into a Committee of the whole. The
alterations of the pen shew the state in which it came out. Its
object was to give Congress such direct power only as would
not alarm, but to limit that of the States in such manner as
would indirectly require a conformity to the plans of Congress.
The renunciation of the right of laying duties on imports from
other States would amount to a prohibition of duties on im
ports from foreign Countries, unless similar duties existed in
other States. This idea was favored by the discord produced
between several States by rival and adverse regulations. The
evil had proceeded so far between Connecticut and Massachu
setts that the former laid heavier duties on imports from the
latter than from Great Britain, of which the latter sent a letter
of complaint to the Executive here, and I suppose to the other
Executives. Without some such self-denying compact, it will,
I conceive, be impossible to preserve harmony among the con
tiguous States.
In the Committee of the whole the proposition was combated
at first on its general merits. This ground was, however, soon
changed for that of its perpetual duration, which was reduced
first to 25 years, then to 13 years. Its adversaries were the
Speaker, Thruston, and Corbin; they were bitter and illiberal
178G. LETTERS. 217
against Congress and the Northern States beyond example.
Thruston considered it as problematical whether it would not
be better to encourage the British than the Eastern marine.
Braxton and Smith were in the same sentiments, but absent at
this crisis of the question.
The limitation of the plan to 13 years so far destroyed its
value in the judgment of its friends, that they chose rather to
do nothing than to adopt it in that form. The report accord
ingly remained on the table uncalled for to the end of the ses
sion. And on the last day the resolution above quoted was
substituted. It had been proposed by Mr. Tyler immediately
after the miscarriage of the printed proposition, but was left
on the table till it was found that several propositions for reg
ulating our trade without regard to other States produced
nothing. In this extremity, the resolution was generally ac
ceded to, not without the opposition of Corbin and Smith. The
Commissioners first named were the Attorney, Doctor Jones,
and myself. In the House of Delegates, Tucker and Smith
were added, and in the Senate, Mason, Ross, and Ronald. The
last does not undertake.
.The port bill was attacked and nearly defeated. An amend
atory bill was passed with difficulty thro' the House of Dele
gates, and rejected in the Senate. The original one will take
effect before the next session, but will probably be repealed
then. It would have been repealed at this, if its adversaries
had known their strength in time and exerted it with judgment.
A Bill was brought in for paying British debts, but was ren
dered so inadequate to its object by alterations inserted by a
committee of the whole, that the patrons of it thought it best to
let it sleep.
Several petitions (from Methodists, chiefly) appeared in favor
of a gradual abolition of slavery, and several from another
quarter for a repeal of the law which licences private manu
missions. The former were not thrown under the table, but
were treated with all the indignity short of it. A proposition
ror bringing in a bill conformably to the latter was decided in
218 WORKS OF MADISON. 1736.
the affirmative by the casting voice of the Speaker; but the bill
was thrown out on the first reading by a considerable majority.
A considerable itcli for paper money discovered itself, though
no overt attempt was made. The partizans of the measure,
among whom Mr. M. Smith may be considered as the most zeal
ous, flatter themselves, and I fear upon too good ground, that
it will be among the measures of the next session. The unfa
vorable balance of trade and the substitution of facilities in
the taxes will have dismissed the little specie remaining among
us and strengthened the common argument for a paper medium.
This tax was to have been collected in
theA?axfof tEeS|rSt September last, and had been in part ac-
year, and admitting fa- tually collected in specie. Notwithstand-
ciMes in payment. . ,, . , ,, _* _ _ _.
ing this and the distress of public credit,
an effort was made to remit the tax altogether. The party was
headed by Braxton, who was courting an appointment into the
Council. On the question for a third reading, the affirmative
was carried by 52 against 42. On the final question, a vigor
ous effort on the negative side, with a reinforcement of a few
new members, threw the bill out. The victory, however, was
not obtained without subscribing to a postponement instead of
remission, and the admission of facilities instead of specie. The
postponement, too, extends not only to the tax which was under
collection, and which will not now come in till May, but to the
tax of September next, which will not now be in the Treasury
till the beginning of next year. The wisdom of seven sessions
will be unable to repair the mischiefs of this single act.
This was prayed for by a memorial from
Act concerning the -, , . .
erection of Kentucky a Convention held in Kentucky, and
State an independent passed without opposition. It contains
stipulations in favor of territorial rights
held under the laws of Virginia, and suspends the actual separ
ation on the decision of a Convention authorized to meet for
that purpose, and on the assent of Congress. The boundary
of the proposed State is to remain the same as the present
boundary of the district.
1786. LETTERS. 219
Act to amend the At the last session of 1784 an act passed
Militia law. displacing all the militia officers, and pro
viding for the appointment of experienced men. In most coun
ties it was carried into execution, and generally much to the
advantage of the militia. In consequence of a few petitions
against the law as a breach of the Constitution, this act reverses
all the proceedings under it, and reinstates the old officers.
From the peculiar situation of that dis-
Act to extend the on- , . , ,T -17, i , n . . ,,
eration of the Escheat trict> the Escheat law was not originally
ncd- t0 tbe Northern extended to it. Its extension at this time
was occasioned by a bill brought in by Mr.
Mercer for seizing and selling the deeded land of the late Lord
Fairfax, on the ground of its being devised to aliens, leaving
them at liberty, indeed, to assert their pretensions before the
Court of Appeals. As the bill, however, stated the law and
the fact, and excluded the ordinary inquest, in the face of pre
tensions set up even by a citizen, (Martin,) to whom it is said
the reversion is given by the will, it was opposed as exerting
at least a Legislative interference in, and improper influence
on. the Judiciary question. It was proposed to substitute the
present act as an amendment to the bill in a committee of the
whole; which was disagreed to. The bill being of a popular
cast went through the House of Delegates by a great majority.
In the Senate it was rejected by a greater one, if not unani
mously. The extension of the escheat law was, in consequence,
taken up and passed.
"An act for punishing To wit: attempts to dismember the State
certain offences." without the consent of the Legislature. It
is pointed against the faction headed by Arthur Campbell, in
the County of Washington.
Act for amending the Complies with the requisition of Con-
appropriating Act. gress for the present year, to wit: 1786.
It directs 512,000 dollars, the quota of this State, to be paid
before May next, the time fixed by Congress, altho' it is known
that the postponement of the taxes renders the payment of a
shilling impossible. Our payments last year gained us a little
reputation. Our conduct this must stamp us with ignominy.
220 WORKS OF MADISON. i786>
Act for regulating the Reduces that of the Governor from
salaries of the civil list. .glj000 to ^go^ and the others, some at a
greater, and some at a less proportion.
Act for disposing of Meant chlefl^ tO affect VaCailt klld in
waste lands on Eastern the Northern Neck, erroneously conceived
to be in great quantity and of great value.
The price is fixed at <£25 per Hundred acres, at which not an
acre will be sold.
An act imposing ad- Amounting in the whole to five sliil-
ditional tonnage on Brit
ish vessels. lings per ton.
Nothing has been yet done with North Carolina towards
opening a Canal through the Dismal. The powers given to
Commissioners on our part are renewed, and some negociation
will be brought about if possible. A certain interest in that
State is suspected of being disinclined to promote the object,
notwithstanding its manifest importance to the community at
large. On Potowmac they have been at work some time. On
this river they have about eighty hands ready to break ground,
and have engaged a man to plan for them. I fear there is a
want of skill for the undertaking that threatens a waste of la
bour and a discouragement to the enterprize. I do not learn
that any measures have been taken to procure from Europe the
aid which ought to be purchased at any price, and which might,
I should suppose, be purchased at a moderate one.
I had an opportunity a few days ago of knowing that Mrs.
Carr and her family, as well as your little daughter, were well.
I am apprehensive that some impediments still detain your
younger nephew from his destination. Peter has been in Wil-
liamsburg. and I am told by Mr. Maury that his progress is
satisfactory. He has read, under him, Horace, some of Cicero's
orations, Greek testament, JEsop's fables in Greek, ten books
of Homer's Iliad, and is now beginning Xenophon, Juvenal, and
Livy. He has also given some attention to French.
I have paid Le Maire ten guineas. He will set out in about
three weeks, I am told, for France. Mr. Jones has promised
to collect and forward by him all such papers as are in print,
and will explain the situation of our affairs to you. Among
1786, LETTERS. 221
them will be the most important acts of the session, and the
Journal as far as it will be printed.
Mr. William Hays, in sinking a well on the declivity of the
hill above the proposed seat of the Capitol, and nearly in a line
from the Capitol to Belvidere, found about seventy feet below
the surface several large bones, apparently belonging to a fish
not less than the shark, and, what is more singular, several frag
ments of potter's ware in the style of the Indians. Before he
reached these curiosities he passed through about fifty feet of
soft blue clay. I have not seen the articles, having but just
heard of them, and been too closely engaged; but have my in
formation from the most unexceptionable witnesses, who have.
I am told by General Russell, of Washington County, that, in
sinking a salt well in that County, he fell in with the hip bone
of the incognitum, the socket of which was about 8 inches diam
eter. It was very soft in the subterraneous state, but seemed
to undergo a petrefaction on being exposed to the air.
Adieu. Affection17.
Promotions. — Edward Carrington & H. Lee, Jr., added to R.
H. Lee, J's Monroe, and Wm. Grayson, in the delegation to
Congress.
Carter Braxton to the Council.
John Tyler to court of admiralty, in room of B. Waller, re
signed.
Prices current. — Tobacco, 23s. on James River, and propor
tionally elsewhere.
Wheat, 5 to 6s. per bushel.
Corn, 18 to 20s. per barrel.
Pork 28 to 30s pr ct.
TO JAMES MONROE.
RICHMOND, January 22d. 1786.
DEAR SIR,— Your favors of the 19th December and 7th Jan
uary came both to hand by yesterday's mail. The Assembly ad-
222 WORKS OF MADISON.
journcd last night after a session of 97 days. If its importance
were to be measured by a list of the laws which it has produced,
all preceding Legislative merit would be eclipsed, the number
in this instance amounting to 114 or 115. If we recur to the
proper criterion, no session has, perhaps, afforded less ground
for applause. Not a single member seems to be pleased with a
review of what has passed. I was too hasty in informing you
that an amendment of the Port bill had passed. I was led into
the error by the mistake of some who told me it had passed the
Senate, when it had only been agreed to in a Committee of the
Senate. Instead of passing it, they sent down a repeal of the
old port bill by way of amendment. This was disagreed to by
the House of Delegates as indirectly originating. The Senate
adhered, and the bill was lost. An attempt was then made by
the adversaries of the port measure to suspend its operation till
the end of the next session. This also was negatived, so that
the old bill is left as it stood, without alteration. Defective as
it is, particularly in putting citizens of other States on the foot
ing of foreigners, and destitute as it is of proper concomitant
provisions, it was judged best to hold it fast, and trust to a suc
ceeding Assembly for amendments.
The navigation system for the State, after having been pre
pared at great length by Mr. G. Baker, was procrastinated in
a very singular manner, and finally died away of itself, without
anything being done, except a short act passed yesterday in
great hurry, imposing a tonnage of 5 shillings on the vessels of
foreigners not having treated with the United States.
This failure of local measures in the commercial line, instead
of reviving the original propositions for a general plan, revived
that of Mr. Tyler for the appointment of Commissioners to meet
Commissioners from the other States on the subject of general
regulations. It went through by a very great majority, being
opposed only by Mr. M. Smith and Mr. Corbin. The expedi
ent is no doubt liable to objections, and will probably mis
carry. I think, however, it is better than nothing; and as a
recommendation of additional powers to Congress is within the
purview of the Commission, it may possibly lead to better con-
17SG. LETTERS. 223
sequences than at first occur. The Commissioners first named
were the attorney, Doctor W. Jones of the Senate, and myself.
The importunity of Mr. Page procured the addition of S' George
Tucker, who is sensible, federal, and skilled in commerce, to
whom was added, on the motion of I know not whom, Mr. M.
Smith, who is at least exceptionable in the second quality, hav
ing made unceasing war during the session against the idea of
bracing the federal system. In the senate, a further addition
was made of Col. Mason, Mr. D. Ross, and Mr. Ronald. The
name of the latter was struck out at his desire. The others
stand. It is not unlikely that this multitude of associates will
stifle the thing in its birth. By some it was probably meant to
do so.
I am glad to find that Virginia has merit where you are, and
should be more so if I saw greater reason for it. The bill
which is considered at New York as a compliance with the re
quisitions of Congress, is more so in appearance than reality.
It will bring no specie into the Treasury, and but little Conti
nental paper. Another act has since passed which professes to
comply more regularly with the demand of Congress, but this
will fail as to specie and as to punctuality. It will probably
procure the indents called for, and fulfils the views of Congress
in making those of other States receivable into our Treasury.
Among the acts passed since my last, I must not omit an eco
nomical revision of the Civil list. The saving will amount to
5 or 6.000 pounds. The Governor was reduced by the House
of Delegates to £800, to which the Senate objected. Which
receded I really forget. The Council to £2,000; the Attorney
to £200; Register from £1,100 to £800; Auditor and Solicitor
from £4 to 300; Speaker of House of Delegates to 40s. per day,
including daily pay as a member; and of Senate to 20s, &c.;
Delegates to Congress to six dollars per day. The act, how
ever, is not to commence till November next.
224 WORKS OF MADISON. i78G
TO THOMAS JEFFERSON.
ORANGE, March 18th, 1786.
DEAR SIR, — Your two favours of the 1 and 20 September,
under the same cover, by Mr. Fitzhugh, did not come to hand
till the 24th ultimo, and of course till it was too late for any
Legislative interposition with regard to the Capitol. I have
written to the Attorney on the subject. A letter which I have
from him, dated prior to his receipt of mine, takes notice of the
plan you had promised, and makes no doubt that it will arrive
in time for the purpose of the Commissioners. I do not gather
from his expressions, however, that he was aware of the change
which will become necessary in the foundation already laid, a
change which will not be submitted to without reluctance, for
two reasons: 1. The appearance of caprice to which it may
expose the Commissioners. 2. Which is the material one, the
danger of retarding the work till the next session of Assembly
can interpose a vote for its suspension, and possibly for a re
moval to Williamsburg. This danger is not altogether imagi
nary. Not a session has passed since I became a member with
out one or other or both of these attempts.
At the late session a suspension was moved by the Williams-
burg interest, which was within a few votes of being agreed to.
It is a great object, therefore, with the Richmond interest, to
get the buildings so far advanced before the fall as to put an
end to such experiments. The circumstances which will weigh
in the other scale, and which, it is to be hoped, will preponder
ate, are the fear of being reproached with sacrificing public
considerations to a local policy, and a hope that the substitu
tion of a more economical plan may better reconcile the As
sembly to a prosecution of the undertaking.
Since I have been at home I have had leisure to review the
literary cargo, for which I am so much indebted to your friend
ship. The collection is perfectly to my mind. I must trouble
you only to get two little mistakes rectified. The number of
vols. in the Encyclopedia corresponds with your list, but a du
plicate has been packed up of Tom. 1, premiere par tie of His-
1786. LETTERS. 225
toire Naturelle, Quadrupedes, premiere livraison, and there is
left out the second part of the same Tome, which, as appears
by the Avis to the 1st Livraison, makes the 1st Tome of His-
toire des oiseaux as well as by the Histoire des oixeaux sent,
which begins with Tom. II repartie, and with the letter F from
the Avis to the sixth Livraison. I infer that the vol. omitted
made part of the 5th livraison. The duplicate vol. seems to
have been a good deal handled, and possibly belongs to your
own sett. Shall I keep it in my hands, or send it back? The
other mistake is an omission of the 4th vol. of D'Albon sur
1'interet de plusieurs nations, &c. The binding of the three
vols which are come is distinguished from that of most of the
other books by the circumstance of the figure on the back num
bering the vol8 being on a black instead of a red ground. The
author's name above is on a red ground. I mention these cir
cumstances that the binder may supply the omitted volume in
proper uniform.
I annex a state of our account balanced. I had an opportu
nity a few clays after your letters were received of remitting
the balance to the hands of Mrs. Carr, with a request that it
might be made use of as you directed, to prevent a loss of time
to her sons from occasional disappointments in the stated funds.
I have not yet heard from the Mr. Fitzhughs on the subject of
your advance to them. The advance to Le Maire had been
made a considerable time before I received your countermand
ing instructions. I have no copying press, but must postpone
that conveniency to other wants which will absorb my little
resources. I am fully apprized of the value of this machine,
and mean to get one when I can better afford it and may have
more use for it. I am led to think it would be a very economi
cal acquisition to all our public offices, which are obliged to
furnish copies of papers belonging to them.
A quorum of the deputies appointed by the Assembly for a
commercial Convention had a meeting at Richmond shortly
after I left it, and the Attorney tells me it has been agreed to
propose Annapolis for the place, and the first monday in Sep
tember for the time, of holding the Convention. It was thought
VOL. i. 15
226 WORKS OF MADISON.
prudent to avoid the neighborhood of Congress and the large
Commercial towns, in order to disarm the adversaries to the
object of insinuations of influence from either of these quarters.
I have not heard what opinion is entertained of this project at
New York, nor what reception it has found in any of the States.
If it should come to nothing, it will, I fear, confirm Great Brit
ain and all the world in the belief that we are not to be re
spected nor apprehended as a nation in matters of commerce.
The States are every day giving proofs that separate regulations
are more likely to set them by the ears than to attain the com
mon object. When Massachusetts set on foot a retaliation of
the policy of Great Britain, Connecticut declared her ports free.
New Jersey served New York in the same way. And Delaware,
I am told, has lately followed the example, in opposition to the
commercial plans of Pennsylvania.
A miscarriage of this attempt to unite the States in some
effectual plan will have another effect of a serious nature. It
will dissipate every prospect of drawing a steady revenue from
our imposts, either directly into the federal treasury, or indi
rectly through the treasuries of the Commercial States, and, of
consequence, the former must depend for supplies solely on an
nual requisitions, and the latter on direct taxes drawn from the
property of the Country. That these dependencies are in an
alarming degree fallacious, is put by experience out of all ques
tion. The payments from the States under the calls of Congress
have in no year borne any proportion to the public wants.
During the last year, that is, from November, 1784, to Novem
ber, 1785, the aggregate payments, as stated to the late Assem
bly, fell short of 400,000 dollars, a sum neither equal to the
interest due on the foreign debts, nor even to the current ex-
pences of the federal Government. The greatest part of this
sum, too, went from Virginia, which will not supply a single
shilling the present year.
Another unhappy effect of a continuance of the present anar
chy of our commerce will be a continuance of the unfavorable
balance on it, which, by draining us of our metals, furnishes
pretexts for the pernicious substitution of paper money, for in-
1780. LETTERS. 227
diligences to debtors, for postponements of taxes. In fact, most
of our political evils may be traced up to our commercial ones,
as most of our moral may to our political. The lessons which
the mercantile interest of Europe have received from late expe
rience will probably check their propensity to credit us beyond
our resources, and so far the evil of an unfavorable balance
will correct itself. But the Merchants of Great Britain, if no
others, will continue to credit us, at least as far as our remit
tances can be strained, and that is far enough to perpetuate our
difficulties, unless the luxurious propensity of our own people
can be otherwise checked.
This view of our situation presents the proposed Convention
as a remedial experiment which ought to command every as
sent; but if it be a just view, it is one which assuredly will not
be taken by all even of those whose intentions are good. I
consider the event, therefore, as extremely uncertain, or rather,
considering that the States must first agree to the proposition
for sending deputies, that these must agree in a plan to be sent
back to the States, and that these again must agree unanimously
in a ratification of it, I almost despair of success. It is neces
sary, however, that something should be tried, and if this be
not the best possible expedient, it is the best that could possibly
be carried through the Legislature here. And if the present
crisis cannot effect unanimity, from what future concurrence of
circumstances is it to be expected ? Two considerations partic
ularly remonstrate against delay. One is the danger of having
the same game played on our Confederacy by which Philip
managed that of the Grecians. I saw enough during the late
Assembly of the influence of the desperate circumstances of in
dividuals on their public conduct, to admonish me of the possi
bility of finding in the council of some one of the States fit in
struments of foreign machinations. The other consideration is
the probability of an early increase of the confederated States,
which more than proportionally impede measures which require
unanimity; as the new members may bring sentiments and in
terests less congenial with those of the Atlantic States than
those of the latter are one with another.
228 WORKS OF MADISON. 1786.
The price of our staple is down at 22s. at Richmond. One
argument for putting off the taxes was, that it would relieve the
planters from the necessity of selling, and would enable them
to make a better bargain with the purchasers. The price has,
notwithstanding, been falling ever since. How far the event
may have proceeded from a change in the Market of Europe, I
know not. That it has in part proceeded from the practice of
remitting and postponing the taxes, may, I think, be fairly de
duced. The scarcity of money must, of necessity, sink the price
of every article, and the relaxation in collecting the taxes in
creases this scarcity by diverting the money from the public
Treasury to the shops of Merchandize. In the former case it
would return into circulation. In the latter, it goes out of the
Country to balance the increased consumption. A vigorous
and steady collection of taxes would make the money necessary
here, and would therefore be a mean of keeping it here. In our
situation it would have the salutary operation of a sumptuary
law. The price of Indian Corn in this part of the Country,
which produced the best crops, is not higher than two dollars
per barrel. It would have been much higher but for the pecu
liar mildness of the winter. December and January scarcely
reminded us that it was winter. February, though temperate,
was less unseasonable. Our deepest snow (about seven inches)
was in the present month. I observe the tops of the blue ridge
still marked with its remains. My last was dated January
22d, and contained a narrative of the proceedings of the As
sembly.
TO JAMES MONROE.
ORANGE, 19th March, 1786.
DEAR SIR- ***********
"The Question of policy," you say, "is whether it will be bet
ter to correct the vices of the Confederation by recommendation
gradually as it moves along, or by a Convention. If the latter
should be determined on, the powers of the Yirginia Comrnis-
1786. LETTERS. 229
sioners are inadequate.7' If all on whom the correction of these
vices depends were well informed and well disposed, the mode
would be of little moment. But as we have both ignorance and
iniquity to combat, we must defeat the designs of the latter by
humouring the prejudices of the former. The efforts for bring
ing about a correction through the medium of Congress have
miscarried. Let a Convention, then, be tried. If it succeeds in
the first instance, it can be repeated as other defects force them
selves on the public attention, and as the public inind becomes
prepared for further remedies.
The Assembly here would refer nothing to Congress. They
would have revolted equally against a plenipotentiary commis
sion to their deputies for the Convention. The option, there
fore, lay between doing what was done and doing nothing.
Whether a right choice was made time only can prove. I am
not, in general, an advocate for temporizing or partial remedies.
But a rigor in this respect, if pushed too far, may hazard every
thing. If the present paroxysm of our affairs be totally neg
lected our case may become desperate. If anything comes of
the Convention, it will probably be of a permanent, not a tem
porary nature, which I think will be a great point. The mind
feels a peculiar complacency in seeing a good thing done when
it is not subject to the trouble and uncertainty of doing it over
again. The commission is, to be sure, not filled to every man's
mind. The History of it may be a subject of some future tete
a tete.
TO JAMES MONROE.
ORANGE, April 9th, 1786.
DEAR SIR, — The step taken by New Jersey was certainly a
rash one, and will furnish fresh pretexts to unwilling States for
withholding their contributions. In one point of view, how
ever, it furnishes a salutary lesson. Is it possible, with such an
example before our eyes of impotency in the federal system, to
remain sceptical with regard to the necessity of infusing more
230 WORKS OF MADISON. 1786.
energy into it? A Government cannot long stand which is
obliged, in the ordinary course of its administration, to court a
compliance with its constitutional acts, from a member not of
the most powerful order, situated within the immediate verge
of authority, and apprised of every circumstance which should
remonstrate against disobedience.
The question whether it be possible and worth while to pre
serve the Union of the States must be speedily decided some
way or other. Those who are indifferent to its preservation
would do well to look forward to the consequences of its ex
tinction. The prospect to my eye is a gloomy one indeed.
I am glad to hear that the opposition to the impost is likely
to be overcome. It is an encouragement to persevere in good
measures. I am afraid, at the same time, that, like other auxil
iary resources, it will be overrated by the States, and slacken
the regular efforts of taxation. It is also materially short of
the power which Congress ought to have with regard to trade.
It leaves the door unshut against a commercial warfare among
the States, our trade exposed to foreign machinations, and the
distresses of an unfavorable balance very little checked. The
experience of European Merchants who have speculated in our
trade will probably check, in a great measure, our opportunities
of consuming beyond our resources; but they will continue to
credit us as far as our coin, in addition to our productions, will
extend, and our experience here teaches us that our people will
extend their consumption as far as credit can be obtained.
TO THOMAS JEFFERSON.
ORAXGE, May 12th, 178G.
DEAR SIR, — My last was of March 18, since which I have
been favored with yours of the 8 and 9th of February. Ban
croft's application in favour of Paradise, inclosed in the latter,
shall be attended to as far as the case will admit, though I see
not how any relief can be obtained. If Mr. Paradise stands on
the list of foreign creditors, his agent here may probably con-
ITSfi. LETTERS. 231
vort his securities into money without any very great loss, as
they rest on good funds, and the principal is in a course of pay
ment. If he stands on the domestic list, as I presume he does,
the interest only is provided for, and, since the postponement of
the taxes, even that cannot be negociated without a discount of
10 per cent., at least. The principal cannot be turned into cash
without sinking three-fourths of its amount.
Your notes having got into print in France, will inevitably
be translated back and published in that form, not only in Eng
land but in America, unless you give out the original. I think,
therefore, you owe it not only to yourself, but to the place you
occupy and the subjects you have handled, to take this precau
tion. To say nothing of the injury which will certainly result
to the diction from a translation first into French and then
back into English, the ideas themselves may possibly be so per
verted as to lose their propriety.
The books which you have been so good as to forward to me
are so well assorted to my wishes that no suggestions are ne
cessary as to your future purchases. A copy of the old edition
of the Encyclopedia is desirable, for the reasons you mention;
but as I should gratify my desire in this particular at the ex-
pence of something else which I can less dispense with, I must
content myself with the new Edition for the present. The
watch I bought in Philadelphia, though a pretty good one. is
probably so far inferior to those of which you have a sample
that I cannot refuse your kind offer to procure me one of the
same sort; and I am fancying to myself so many little gratifica
tions from the pedometer that I cannot forego that addition.
The inscription for the Statue is liable to Houdon's criticism,
and is in every respect inferior to the substitute which you
have copied into your letter. I am apprehensive, notwithstand
ing, that no change can be effected. The Assembly will want
some proper ground for resuming the matter. The devices for
the other side of the pedestal are well chosen, and might, I
should suppose, be applied without scruple as decorations of the
artist. I counted, myself, on the addition of proper ornaments,
232 WORKS OF MADISON. 1730.
and am persuaded that such a liberty could give offence no
where.
The execution of your hints with regard to the Marquis and
Rochambcau would be no less pleasing to me than to you. I
think with you, also, that the setting up the busts of our own
worthies would not be doing more honour to them than to our
selves. I foresee, however, the difficulty of overcoming the
popular objection against every measure which involves expencc,
particularly where the importance of the measure will be felt by
a few only; and an unsuccessful attempt would be worse than
no attempt. I have heard nothing as to the Capitol. I men
tioned to you in my last that I had written to the Attorney on
the subject. 1 shall have an opportunity shortly of touching on
it again to him.
A great many changes have taken place in the late elections.
The principal acquisitions are Col. G. Mason, who, I am told,
was pressed into the service at the instigation of General Wash
ington, General Nelson, Mann Page. In AlbGmarle, both the
old ones declined the task. Their successors are George and
John Nicholas. Col. Carter was again an unsuccessful candi
date. I have not heard how Mr. Harrison has shaped his course.
It was expected that he would stand in a very awkward rela
tion both to Charles City and to Surrey, and would probably
succeed in neither. Monroe lost his election in King George
by 6 votes. Mercer did his by the same number in Stafford.
Neither of them was present, or they would, no doubt, have
both been elected. Col. Bland is also to be among us. Among
the many good things which may be expected from Col. Mason,
we may reckon, perhaps, an effort to review our Constitution.
The loss of the port bill will certainly be one condition on
which we are to receive his valuable assistance. I am not with
out fears, also, concerning his federal ideas. The last time I
saw him he seemed to have come about a good deal towards
the policy of giving Congress the management of trade. But
he lias been led so far out of the right way that a thorough re
turn can scarcely be hoped for. On all the other great points.
1786. LETTERS. 233
the Revised Code, the Assize bill, taxation, paper money, &c.,
his abilities will be inestimable.
Most if not all the States, except Maryland, have appointed
deputies for the proposed Convention at Annapolis. The refu
sal of Maryland to appoint proceeded, as I am informed by Mr.
Daniel Carroll, from a mistaken notion that the measure would
derogate from the authority of Congress, and interfere with the
Revenue system of April, 1783, which they have lately recom
mended anew to the States. There is certainly no such inter
ference, and instead of lessening the authority of Congress, the
object of the Convention is to extend it over commerce. I have
no doubt that on a reconsideration of the matter it will be
viewed in a different light.
The internal situation of this State is growing worse and
worse. Our specie has vanished. The people are again plunged
in debt to the Merchants, and these circumstances, added to the
fall of Tobacco in Europe and a probable combination among
its chief purchasers here, have reduced that article to 20s. The
price of Corn is, in many parts of the Country, at 20s. and up
wards per barrel. In this part it is not more than 15s. Our
spring has been a cool and, latterly, a dry one; of course it is a
backward one. The first day of April was the most remark
able ever experienced in this climate. It snowed and hailed
the whole day in a storm from N. E., and the Thermometer
stood at 4 o'clock P. M. at 26°. If the snow had fallen in the
usual way it would have been 8 or 10 inches deep, at least; but
consisting of small hard globules, mixed with small hail, and
lying on the ground so compact and firm as to bear a man, it
was less than half of that depth.
We hear from Kentucky that the inhabitants are still at
variance with their savage neighbours. In a late skirmish sev
eral were lost on both sides. On that of the whites Col. W.
Christian is mentioned. It is said the scheme of independence
is growing unpopular since the act of our Assembly has brought
the question fully before them. Your nephew, Dabney Carr,
lias been some time at the Academy in Prince Edward. The
President, Mr. Smith, speaks favorably of him.
234 WORKS OF MADISON. 178C.
With the sincerest affection, I remain, dear sir, your friend
and servant.
P. S. I have taken measures for procuring the Peccan nuts,
and the seed of the sugar Tree. Are there no other things here
which would be acceptable on a like account? You will with
hold from me a real pleasure if you do not favor me with your
commands freely. Perhaps some of our animal curiosities would
enable you to gratify particular characters of merit. I can,
without difficulty, get the skins of all our common and of some
of our rarer quadrupeds, and can have them stuifed, if desired.
It is possible, also, that I may be able to send some of them
alive. I lately had on hand a female opossum, with seven young
ones, which I intended to have reared, for the purpose partly of
experiments myself, and partly of being able to forward them
to you in case of an opportunity, and your desiring it. Unfor
tunately, they Imve all died. But I find they can be got at any
time, almost, in the spring of the year, and if the season be too
far advanced now, they may certainly be had earlier in the next
spring.
I observe that in your notes you number the fallow and Roe-
deer among the native quadrupeds of America. As Buffon had
admitted the fact, it was, whether true or erroneous, a good ar
gument, no doubt, against him. But I am persuaded they arc
not natives of the new continent. Buffon mentions the chcv-
ruel, in particular, as abounding in Louisiana. I have enquired
of several credible persons who have traversed the western
woods extensively, and quite down to New Orleans, all of whom
affirm that no other than our common deer are any where seen.
Nor can I find any written evidence to the contrary that de
serves notice. You have, I believe, justly considered our Mo-
nax as the Marmotte of Europe. I have lately had an oppor
tunity of examining a female one with some attention. Its
weight, after it had lost a good deal of blood, was 5J Ibs. Its
dimensions, shape, teeth, and structure within, as far as I could
judge, corresponded in substance with the description given by
1786. LETTERS. 235
D'Aubenton. In sundry minute circumstances a precise cor
respondence was also observable. The principal variations
were: 1st, in the face, which was shorter in the Monax than in
the proportions of the Marmotte, and was less arched about the
root of the nose. 2nd, in the feet, each of the forefeet having a
fifth nail, about J of an inch long, growing out of the inward
side of the heel, without any visible toe. From this particular
it would seem to be the Marmotte of Poland, called the Bobac,
rather than the Alpine Marmotte. 3rd, in the teats, which were
8 only. The marmotte in Buffon had 10. 4th, in several circum
stances of its robe, particularly of that of the belly, which con
sisted of a short, coarse, thin hair, whereas this part of Buffon's
marmotte was covered with a thicker fur than the back, &c.
A very material circumstance in the comparison remains to
be ascertained. The European Marmotte is in the class of those
which arc dormant during the winter. No person here of whom
I have enquired can decide whether this be a quality of the
Monax. I infer that it is of the dormant class, not only from
its similitude to the Marmotte in other respects, but from the
sensible coldness of the Monax I examined, compared with the
human body, although the vital heat of quadrupeds is said, in
general, to be greater than that of man. This inferiority of
heat being a characteristic of animals which become torpid
from cold, I should consider it as deciding the quality of the
Monax in this respect, were it not that the subject of my exam
ination, though it remained alive several days, was so crippled
and apparently dying the whole time, that its actual heat could
not fairly be taken for the degree of its natural heat. If it had
recovered, I intended to have made a trial with the Thermom
eter. I now propose to have, if I can, one of their habitations
discovered during the summer, and to open it on some cold day
next winter. This will fix the matter. There is another cir
cumstance which belongs to a full comparison of the two ani
mals. The Marmotte of Europe is said to be an inhabitant of
the upper region of mountains only. Whether our Monax be
confined to mountainous situations or not, I have not yet learnt.
If it be not found as a permanent inhabitant of the level coun-
236 WORKS OF MADISON. 1786.
try, it certainly descends occasionally into the plains which are
in the neighborhood of mountains.
I also compared, a few days ago, one of our moles with the
male one described in Buffon. It weighed 2 ounces 11 pents.
Its length, the end of its snout to the root of the tail, was 5
inches 3 lines, English measure. That described in Buffon was
not weighed, I believe. Its length was 5 inches, French meas
ure. The external and internal correspondence seemed to be
too exact for distinct species. There was a difference, never
theless, in two circumstances, one of which is not unworthy of
notice, and the other of material consequence in the compari
son. The first difference was in the tail, that of the mole here
being 10 J English lines only in the length, and naked, whereas
that of Buffon's mole was 14 French lines in length, and covered
with hair. If the hair was included in the latter measure, the
difference in the length ought scarcely to be noticed. The sec
ond difference lay in the teeth. The mole in Buffon had 44.
That which I examined had but 33; one of those on the left side
of the upper jaw, and next to the principal cutters, was so small
as to be scarcely visible to the natural eye, and had no corre
sponding tooth on the opposite side. Supposing this defect of a
corresponding tooth to be accidental, a difference of ten teeth
still remains.
If these circumstances should not be thought to invalidate
the identity of species, the mole will stand as an exception to
the Theory which supposes no animal to be common to the two
continents which cannot bear the cold of the region where they
join, since, according to Buffon, this species of mole is not found
"dans les climats froids ou la terre est glace pendant la plus
grande partie de 1'annee," and it cannot be suspected of such a
journey during a short summer as would head the sea which
separates the two continents. I suspect that several of our
quadrupeds which are not peculiar to the new continent will
be found to be exceptions to this Theory, if the mole should
not. The Marmotte itself is not an animal taken notice of very
far to the north, and as it moves slowly, and is deprived of its
locomotive powers altogether by cold, cannot be supposed to
1786. LETTERS. 237
have travelled the road which leads from the old to the New
World. It is, perhaps, questionable whether any of the dor
mant animals, if any such be really common to Europe and
America, can have emigrated from one to the other.
I have thought that the cuts of the Quadrupeds in Buffon, if
arranged in frames, would make both an agreeable and instruc
tive piece of wall furniture. What would be the cost of them
in such a form? I suppose they are not to be had coloured to
the life, and would, besides, be too costly. What is the price
of Buffon's birds, colored?
Your letter of 28 October has never come to hand.
TO JAMES MONROE.
ORANGE, May 13th. 1786.
DEAR SIR,— **********
I think, with you, that it would have an odd appearance for
two Conventions to be sitting at the same time with powers in
part concurrent. The reasons you give seem also to be valid
against augmenting the powers of that which is to meet at An
napolis. I am not surprized, therefore, at the embarrassment
of Congress in the present conjuncture. Will it not be best, on
the whole, to suspend measures for a more thorough cure of our
federal system till the partial experiment shall have been made ?
If the spirit of the Conventioners should be friendly to the
Union, and their proceedings well conducted, their return into
the councils of their respective States will greatly facilitate any
subsequent measures which may be set on foot by Congress, or
by any of the States.
Great changes have taken place in the late elections. I re
gret much that we are not to have your aid. It will be greatly
needed, I am sure. Mercer, it seems, lost his election by the
same number of votes as left you out. He was absent at the
time, or he would no doubt have been elected. Have you seen
his pamphlet? You will have heard of the election of Col.
>>lason, General Nelson, Mann Page, G. Nicholas, Jn° Nicholas,
238 WORKS OF MADISON. 1780.
and Col. Bland. Col. Mason will be an inestimable acquisi
tion on most of the great points. On the port bill he is to be
equally dreaded. In fact, I consider that measure as lost almost
at any rate. There was a majority against it last session if it
had been skilfully made use of. To force the trade to Norfolk
and Alexandria, without preparations for it at those places,
will be considered as injurious. And so little ground is there
for confidence in the stability of the Legislature, that no prep
arations will ever be made in consequence of a preceding law.
The transition must of necessity, therefore, be at any time ab
rupt and inconvenient. I am somewhat apprehensive, likewise,
that Col. Mason may not be fully cured of his anti-federal pre
judices.
We hear from Kentucky that the savages continue to disquiet
them. Col. W. Christian, it is said, lately lost his life in pur
suing a few who had made an inroad on the settlement. We
are told, too, that the proposed separation is growing very un
popular among them.
TO JAMES MONROE.
ORANGE, June 4th, 1786.
DEAR SIR, — At the date of my last, I expected I should by
this time have been on the journey which promises the pleasure
of taking you by the hand in New York. Several circumstances
have produced a delay in my setting out which I did not cal
culate upon, and which are like to continue it for eight or ten
days to come. My journey will also be rendered tedious by the
route which I shall pursue. I have some business which makes
it expedient for me to take Winchester and Lancaster in my
way, and some duties of consanguinity which will detain me
some days in the neighborhood of the former. If I have an op
portunity I will write you again before I set out; and if I should
not, I will do it immediately on my reaching Philadelphia. You
will not write after the receipt of this.
I imagine you get from Mr. Jones better information as to
17SG. LETTERS. 239
the back country, as well as concerning our more immediate af
fairs, tli an I can give you. The death of Christian seems to be
confirmed. The disinclination of Kentucky to a separation is
also repeated with strong circumstances of probability. Our
staple continues low. The people have got in debt to the mer
chants, who set their own price, of course. There are, perhaps,
other causes also, besides the fall of the market in Europe,
which, of itself, does not explain the matter. One of them may
be the scarcity of money, which is really great.
The advocates for paper money are making the most of this
handle. I begin to fear exceedingly that no efforts will be suf
ficient to parry this evil. The election of Col. Mason is the
main counterpoise for my hopes against the popular cry. Mann
Page and General Nelson will also, I flatter myself, be valuable
fellow-labourers. Our situation is truly embarrassing. It can
not, perhaps, be affirmed that there is gold and silver enough
in the Country to pay the next tax. "What, then, is to be done?
Is there any other alternative but to emit paper, or to postpone
the collection? These are the questions which will be rung in
our ears by the very men whose past measures have plunged us
into our difficulties. But I will not plague you with our diffi
culties here. You have enough of them, I am sure, where you
are. Present my best respects to Col. Gray son and your other
colleagues, and believe me to be, your's affectionately.
TO JAMES MONROE.
ORANGE, June 21st, 1786.
DEAR SIR, — Your favor of the 31st ult. did not come to hand
till two days ago. As I expect to see you in a short time, I
will suspend the full communication of my ideas on the subject
of it till I have that pleasure.
I cannot, however, forbear in the mean time expressing my
amazement that a thought should be entertained of surrender
ing the Mississippi, and of guarantying the possessions of Spain
240 WORKS OF MADISON. 178G.
in America. In the first place, has not Virginia, have not Con
gress themselves, and the Ministers of Congress by their orders,
asserted the right of those who live on the waters of the Mis
sissippi to use it as the high road given by nature to the sea ?
This being the case, have Congress any more authority to say
that the Western citizens of Virginia shall not pass through
the capes of the Mississippi than to say that her Eastern citi
zens shall not pass through the capes Henry and Charles ? It
should be remembered that the United States are not now ex
tricating themselves from war — a crisis which often knows no
law but that of necessity. The measure in question would be a
voluntary barter, in time of profound peace, of the rights of
one part of the empire to the interests of another part. What
would Massachusetts say to a proposition for ceding to Britain
her right of fishery as the price of some stipulations in favor
of Tobacco?
Again : can there be a more short-sighted or dishonorable
policy than to concur with Spain in frustrating the benevolent
views of nature, to sell the affections of our ultra-montane
brethren, to depreciate the richest fund we possess, to distrust
an ally we know to be able to befriend us, and to have an in
terest in doing it against the only nation whose enmity we can
dread, and at the same time to court by the most precious
sacrifices the alliance of a nation whose impotency is notorious,
who has given no proof of regard for us, and the genius of
whose Government, religion, and manners, unfits them of all the
nations in Christendom for a coalition with this country? Can
anything, too, as you well observe, be more unequal than a
stipulation which is to open all our ports to her, and some only,
and those the least valuable, of hers, to us ; and which places
the commercial freedom of our ports against the fettered regu
lations of those in Spain? I always thought the stipulation
with France and Holland of the privileges of the most favoured
nation unequal, and only to be justified by the influence which
the treaties could not fail to have on the event of the war. A
stipulation putting Spanish subjects on the same footing with
our own citizens is carrying the evil still farther, without the
1786. LETTERS. 241
same pretext for it, and is the more to be dreaded, as by
making her the most favored nation it would let in the other
nation with whom we are now connected to the same privileges,
whenever they may find it their interest to make the same
compensation for them, whilst we have not a reciprocal rhrl:t
to force them into such an arrangement in case our interest
should dictate it.
A guaranty is, if possible, still more objectionable. If it be
insidious, we plunge ourselves into infamy; if sincere, into ob
ligations the extent of which cannot easily be determined. In
either case we get farther into the labyrinth of European poli
tics, from which we ought religiously to keep ourselves as free
as possible. And what is to be gained by such a rash step?
Will any man in his senses pretend that our territory needs
such a safeguard, or that, if it were in danger, it is the arm of
Spain that is to save it? Viewing the matter in this light. I
cannot but flatter myself that if the attempt you apprehend
should be made, it will be rejected with becoming indignation.
I am less sanguine as to the issue of the other matter con-
ta-ined in your letter. I know the mutual prejudices which
impede every overture towards a just and final settlement of
claims and accounts. I persist in the opinion that a proper
nnd speedy ndjustment is unattainable from any assembly con
stituted as Congress is, and acting under the impulse which
they must. I need not repeat to you the plan which has always
appeared to me most likely to answer the purpose. In the
mean time it is mortifying to see the other States, or rather
their Representatives, pursuing a course which will make the
case more and more difficult, and putting arms into the hands
of the enemies to every amendment of our federal system. God
knows that they are formidable enough in this State without
such an advantage. With it, their triumph will be certain and
easy. But I have been led much farther already than I pro
posed, and will only that
I am with the sincerest affection, your friend and serv.
VOL. i. 16
242 WORKS OF MADISON. 1786
TO THOMAS JEFFERSON.
PHILADELPHIA, Aug. 12th, 1786.
DEAR SIR, — My last, of the 19th of June, intimated that my
next would be from New York or this place. I expected it
would rather have been from the former, which I left a few days
ago; but my time was so taken up there with my friends and
some business, that I thought it best to postpone it till my re
turn here. My ride through Virginia, Maryland, and Pennsyl
vania, was in the midst of harvest. I found the crops of wheat
in the upper parts of the two former considerably injured by
the wet weather, which my last described as so destructive in
the lower parts of those States. The computed loss where I
passed was about one- third. The loss in the Rye was much
greater. It was admitted, however, that the crops of both
would have been unusually large but for this casualty. Through
out Pennsylvania the wheat was unhurt, and the Rye very little
affected.
As I came by the way of Winchester and crossed the Po tow-
mac at Harper's Ferry, I had an opportunity of viewing the
magnificent scene which nature here presents. I viewed it, how
ever, under great disadvantages. The air was so thick that
distant objects were not visible at all, and near ones not dis
tinctly so. We ascended the mountain, also, at a wrong place,
fatigued ourselves much in traversing it before we gained the
right position, were threatened during the whole time with a
thunder storm, and finally overtaken by it. Had the weather
been favorable the prospect would have appeared to peculiar
advantage, being enriched with the harvest in its full maturity,
which filled every vale as far as the eye could reach.
I had the additional pleasure here of seeing the progress of
the works on the Potowmac. About 50 hands were employed
at these falls, or rather rapids, who seemed to have overcome
the greatest difficulties. Their plan is to slope the fall by open
ing the bed of the river, in such a manner as to render a lock
unnecessary, and, by means of ropes fastened to the rocks, to
pull up and ease down the boats where the current is most
1786. LETTERS. 243
rapid. At the principal falls 150 hands, I was told, were at
work, and that the length of the canal will be reduced to less
than a mile, and carried through a vale which does not require
it to be deep. Locks will here be unavoidable. The under
takers are very sanguine. Some of them who are most so talk
of having the entire work finished in three years. I can give
no particular account of the progress on James River, but am
told it is very flattering. I am still less informed of what is
doing with North Carolina towards a canal between her and
our waters. The undertaking on the Susquehannah is said to
be in such forwardness as to leave no doubt of its success.
A negociation is set on foot between Pennsylvania, Mary
land, and Delaware, for a canal from the head of Chesapeak to
the Delaware. Maryland, as 1 understand, heretofore opposed
the undertaking, and Pennsylvania means now to make her
consent to it a condition on which the opening of the Susque
hannah within the limits of Pennsylvania will depend. Unless
this is permitted, the opening undertaken within the limits of
Maryland will be of little account. It is lucky that both par-
tle-s axc_so dependent on each other as to be thus mutually forced
into measures of general utility. I am told that Pennsylvania
has complied with the joint request of Virginia and Maryland
for a road between the head of Potowmac and the waters of
the Ohio, and the secure and free use of the latter through her
jurisdiction.
These fruits of the Revolution do great honour to it. I wish
all our proceedings merited the same character. Unhappily,
there are but too many belonging to the opposite side of the
account. At the head of these is to be put the general rage for
paper money. Pennsylvania and North Carolina took the lead
in this folly. In the former the sum emitted was not consider
able, the funds for sinking it were good, and it was not made a
legal tender. It issued into circulation partly by way of loan
to individuals on landed security, partly by way of payment to
the public creditors. Its present depreciation is about 10 or 12
per cent. In North Carolina the sums issued at different times
have been of greater amount, and it has constantly been a ten-
244 WORKS OF MADISON. 1786.
der. It issued partly in payments to military creditors, and,
latterly, in purchases of Tobacco on public account. The
Agent, T am informed, was authorised to give nearly the double
of the current price; and as the paper was a tender, debtors ran
to him with their Tobacco, and the creditors paid the expence
of the farce. The depreciation is said to be 25 or 30 per cent,
in that State. South Carolina was the next in order. Her
emission was in the way of loans to individuals, and is not a
legal tender. But land is there made a tender in case of suits,
which shuts the Courts of Justice, and is, perhaps, as great an
evil. The friends of the emission say that it has not yet depre
ciated, but they admit that the price of commodities has risen,
which is evidently the form in which depreciation will first shew
itself.
New Jersey has just issued <£30,000 (dollar at 7s. 6c7.) in
loans to her citizens. It is a legal tender. An addition of
XI 00, 000 is shortly to follow on the same principles. The ter
ror of popular associations stifles, as yet, an overt discrimina
tion between it and specie; but as this does not operate in Phil
adelphia and New York, where all the trade of New Jersey is
carried on, its depreciation has already commenced in those
places, and must soon communicate itself to New Jersey. New
York is striking £200,000 (dollar at 8s.) on the plan of loans
to her citizens. It is made a legal tender in case of suits only.
As it is but just issuing from the press, its depreciation exists
only in the foresight of those who reason without prejudice on
the subject. In Rhode Island, £100,000 (dollar at 6s.) has
lately been issued in loans to individuals. It is not only made
a tender, but severe penalties annexed to the least attempt, di
rect or indirect, to give a preference to specie. Precautions
dictated by distrust in the rulers soon produced it in the peo
ple. Supplies were withheld from the Market, the Shops were
shut, popular meetings ensued, and the State remains in a sort
of convulsion.
The Legislature of Massachusetts at their last session rejected
a paper emission by a large majority. Connecticut and New
Hampshire, also, have as yet forborne, but symptoms of danger,
1786. LETTERS. 245
it is said, begin to appear in the latter. The Senate of Mary
land has hitherto been a bar to paper in that State. The
clamor for it is now universal, and as the periodical election of
the Senate happens at this crisis, and the whole body is, un
luckily, by their Constitution, to be chosen at once, it is proba
ble that a paper emission will be the result. If, in spite of the
zeal exerted against the old Senate, a majority of them should
be re-elected, it will require all their firmness to withstand the
popular torrent. Of the affairs of Georgia I know as little as
of those of Kamskatska.
Whether Virginia is to remain exempt from the epidemic
malady will depend on the ensuing Assembly. My hopes rest
chiefly on the exertions of Col. Mason, and the failure of the
experiments elsewhere. That these must fail is morally certain;
for besides the proofs of it already visible in some States, and
the intrinsic defect of the paper in all, this fictitious money will
rather feed than cure the spirit of extravagance which sends
away the coin to pay the unfavorable balance, and will there
fore soon be carried to market to buy up coin for that purpose.
Frjom that moment depreciation is inevitable. The value of
money consists in the uses it will serve. Specie will serve all
the uses of paper; paper will not serve one of the essential uses
of specie. The paper, therefore, will be less valuable than spe
cie. Among the numerous ills with which this practice is preg
nant, one, I find, is, that it is producing the same warfare and
retaliation among the. States as were produced by the State
regulations of commerce. Massachusetts and Connecticut have
passed laws enabling their citizens who are debtors to citizens
of States having paper money, to pay their debts in the same
manner as their citizens who are creditors to citizens of the lat
ter States are liable to be paid their debts.
The States which have appointed deputies to Annapolis are
New Hampshire, Massachusetts, Rhode Island, New York, New
Jersey, Pennsylvania, Delaware, and Virginia. Connecticut
declined, not from a dislike to the object, but to the idea of a
Convention, which it seems has been rendered obnoxious by
some internal Conventions, which embarrassed the Legislative
246 WORKS OF MADISON. 1786.
authority. Maryland, or rather her Senate, negatived an ap
pointment, because they supposed the measure might interfere
with the plans or prerogatives of Congress. North Carolina
has had no Legislative meeting since the proposition was com
municated. South Carolina supposed she had sufficiently sig
nified her concurrence in a general regulation of trade by vest
ing the power in Congress for 15 years. Georgia - — .
Many Gentlemen, both within and without Congress, wish to
make this meeting subservient to a plenipotentiary Convention
for amending the Confederation. Tho7 my wishes are in favor
of such an event, yet I despair so much of its accomplishment
at the present crisis that I do not extend my views beyond a
commercial Reform. To speak the truth, I almost despair even
of this. You will find the cause in a measure now before Con
gress, of which you will receive the detail from Col. Monroe.
I content myself with hinting that it is a proposed treaty with
Spain, one article of which shuts up the Mississippi for twenty-
five or thirty years. Passing by the other Southern States,
figure to yourself the effect of such a stipulation on the Assem
bly of Virginia, already jealous of Northern politics, and which
will be composed of about thirty members from the Western
waters; of a majority of others attached to the Western Coun
try from interests of their own, of their friend, or their constit
uent; and of many others who, though indifferent to Mississippi,
will zealously play off the disgust of their friends against fed
eral measures. Figure to yourself its effect on the people at
large on the western waters, who are impatiently waiting for a
favorable result to the negociation of Gardoqui, and who will
consider themselves as sold by their Atlantic brethren. Will
it be an unnatural consequence if they consider themselves ab
solved from every federal tie, and court some protection for
their betrayed rights? This protection will appear more at
tainable from the maritime power of Britain than from any other
quarter; and Britain will be more ready than any other nation
to seize an opportunity of embroiling our affairs.
What may be the motive with Spain to satisfy herself with a
temporary occlusion of the Mississippi, at the same time that
1786. LETTERS. 247
she holds forth our claim to it as absolutely inadmissible, i?
matter of conjecture only. The patrons of the measure in Con
gress contend that the Minister, who at present governs the
Spanish councils, means only to disembarrass himself at the
expence of his successors. I should rather suppose he means to
work a total separation of interest and affection between west
ern and eastern settlements, and to foment the jealousy between
the Eastern and Southern States. By the former, the population
of the Western Country, it may be expected, will be checked,
and the Mississippi so far secured; and, by both, the general
security of Spanish America be promoted.
As far as I can learn, the assent of nine States in Congress
will not at this time be got to the projected treaty; but an un
successful attempt by six or seven will favor the views of Spain,
and be fatal, I fear, to an augmentation of the federal authority,
if not to the little now existing. My personal situation is ren
dered by this business particularly mortifying. Ever since I
have been out of Congress I have been inculcating on our As
sembly a confidence in the equal attention of Congress to the
rjghts and interests of every part of the Republic, and on the
Western members, in particular, the necessity of making the
Union respectable by new powers to Congress, if they wished
Congress to negociate with effect for the Mississippi.
I leave to Col. Monroe the giving you a particular account
of the impost. The acts of Pennsylvania, Delaware, and New
York, must be revised and amended in material points before
it can be put in force, and even then the fetters put on the col
lection by some other States will make it a very awkward busi
ness. Your favor of 25th of April, from London, found me
here. My letter from Richmond at the close of the Assembly
will have informed you of the situation in which British debts
stand in Virginia. Unless Congress say something on the sub
ject, I do not think anything will be done by the next session.
The expectations of the British Merchants coincide with the
information I had received, as your opinion of the steps proper
to be taken by the Assembly do with those for which I have
ineffectually contended. The merits of Mr. Paradise will ensure
248 WORKS OF MADISON. use.
every attention from me to his claim, as far as general principles
will admit.
The catalogues sent by Mr. Skipwith I do not expect to re
ceive till I get back to Virginia. If you meet with " Grcecorum
Respublicas ab Ubbone Emmio descriptae," Sugd. Batavorum,
1632, pray get it for me.
TO JAMES MONROE.
PHILADELPHIA, August 15th. 1786.
DEAR SIR- * * * * * *
I am sorry the development of the interesting subject before
Congress* had so little effect on the members. I did not see
General St. Clair, and if 1 had, my acquaintance is too slender
to have warranted my broaching a conversation with him. I
have conferred freely with Mr. Wilson. What his ultimate
opinion may be on a full view of the measure in its details, I
cannot say. I think he is not unaware of strong objections
against it, particularly as it tends to defeat the object of the
meeting at Annapolis, from which he has great expectations.
TO JAMES MONROE.
PHILADELPHIA, August 17th, 1786.
DK SIR, — I have your favor of the 14th inst. The expedientt
of which you ask my opinion has received, as it deserved, all the
* Jay's proposition.
f "It has occurred to Grayson and myself to propose to Congress that nego-
ciations be carried on with Spain upon the following principles : 1. That exports
•be admitted through the Mississippi to some free port, perhaps New Orleans, to
pay there a toll to Spain of about 3 per centum ad valorem, and to be carried
thence under the regulations of Congress. 2. That imports shall pass into the
western Country through the ports of the United States only. 3. That this sac
rifice be given up to obtain in other respects a beneficial treaty." — Extract from
Mr. Monroe's letter referred to.
1786. LETTERS. 249
consideration which the time and other circumstances would
allow me to give. I think- that, in the present state of things,
such an arrangement would be beneficial, and even pleasing to
those most concerned in it; and yet I doubt extremely the pol
icy of your proposing it to Congress. The objections which
occur to me are: 1. That if the temper and views of Congress
be such as you apprehend, it is morally certain they Avould not
enter into the accommodation. Nothing, therefore, would be
gained, and you would have to combat under the disadvantage of
having forsaken your first ground. 2. If Congress should adopt
your expedient as a ground of negociation with Guardoqui, and
the views of Spain be such as they must be apprehended to be,
it is still more certain that it would be rejected on that side,
especially under the flattering hopes which the spirit of conces
sion in Congress must have raised. In this event, the patrons
of the measure now before Congress would return to it with
greater eagerness and with fresh arguments, drawn from the
impossibility of making better terms, and from the relaxation
into which their opponents will have been betrayed. It is even
possible that a foresight of this event might induce a politic
concurrence in the experiment.
Your knowledge of all circumstances will make you a better
judge of the solidity or fallacy of these reflections than I can
be. I do not extend them because it would be superfluous, as
well as because it might lead to details which could not pru
dently be committed to the mail without the guard of a cypher.
Not foreseeing that any confidential communication on paper
would happen between us during my absence from Virginia, I
did not bring mine with me.
TO JAMES MONROE.
ANNAPOLIS, September llth, 1786.
DEAR SIR, — I have two letters from you not yet acknowl
edged, one of the 1st, the other of the 3d instant. Nothing could
be more distressing than the issue of the business stated in the
250 WORKS OF MADISON. 1786.
latter. If the affirmative vote of seven States should be pur
sued, it will add the insult of trick to the injury of the thing
itself.
Our prospect here makes no amends for what is done with
you. Delaware, New Jersey, and Virginia, alone arc on the
ground; two Commissioners attend from New York, and one
from Pennsylvania. Unless the sudden attendance of a much
more respectable number takes place it is proposed to break up
the meeting, with a recommendation of another time and place,
and an intimation of the expediency of extending the plan to
other defects of the Confederation. In case of a speedy dis
persion, I shall find it requisite to ride back as far as Philadel
phia before I proceed to Virginia, from which place, if not from
this, I will let you know the upshot here.
I have heard that Col. Grayson was stopped at Trenton, by
indisposition, on his way to the Assembly of Pennsylvania. I
hope he is well again, and would write to him, but know not
whither to address a letter to him.
Adieu. Yrs affy.
TO JAMES MONROE.
PHILADELPHIA, Octr 5th, 1786.
DEAR SIR, — I received yesterday your favor of the 2nd in
stant, which makes the third for which my acknowledgments
are due. The progression which a certain measure seems to be
making is an alarming proof of the predominance of temporary
and partial interests over those just and extended maxims of
policy which have been so much boasted of among us, and
which alone can effectuate the durable prosperity of the Union.
Should the measure triumph under the patronage of nine States,
or even of the whole thirteen, I shall never be convinced that
it is expedient, because I cannot conceive it to be just.
£There is no maxim, in my opinion, which is more liable to be
misapplied, and which, therefore, more needs elucidation, than
17GS. LETTERS. 251
the current one, that the interest of the majority is the political
standard of right and wrong. Taking the word "interest" as#
synonymous with "ultimate happiness/7 in which sense it is
qualified with every necessary moral ingredient, the proposition
is no doubt true. But taking it in the popular sense, as refer
ring to immediate augmentation of property and wealth, nothing
can be more false. In the latter sense, it would be the interest
of the majority in every community to despoil and enslave the
minority of individuals; and in a federal community, to ni^e a
similar sacrifice of the minority of the component StatesJ. In
fact, it is only re-establishing, under another name and a more
specious form, force as the measure of right; and in this light
the Western settlements will infallibly view it.
TO JAMES MONROE.
RICHMOND, Octr 30th, 1786.
DEAR SIR, — I drop you a few lines rather as a fulfilment of
my promise than for the purpose of information, since they go
by Mr. Jones, who is much better acquainted with the politics
here than myself.
I find, with pleasure, that the navigation of the Mississippi
will be defended by the Legislature with as much zeal as could
be wished. Indeed, the only danger is, that too much resent
ment may be indulged by many against the federal Councils.
Paper money has not yet been tried even in any indirect mode
that could bring forth the mind of the Legislature. Appear
ances on the subject, however, are rather flattering. Mr. Henry*
has declined a reappointment to the office he holds, and Mr.
Randolph is in nomination for his successor, and will pretty
certainly be elected. R. H. Lee has been talked of, but is not
yet proposed. The appointments to Congress are a subject of
conversation, and will be made as soon as a Senate is made.
* Then Governor of Virginia.
252 WORKS OF MADISON. 1786.
Mr. Jones will be included in the new Delegation. Your pres
ence and communications on the point of the Mississippi are
exceedingly wished for, and would, in several respects, be ex
tremely useful. If Mr. Jones does not return in a day or two,
come without him, I beseech you. I am consulted frequently
on matters concerning which I cannot or ought not to speak,
and refer to you as the proper source of information, as far as
you may be at liberty. Hasten your trip, I again beseech you.
I hope Mrs. Monroe continues well. My sincerest respects
wait on her.
In haste, adieu. Yrs.
TO GENERAL WASHINGTON.
RICHMOND, Novr 1, 1786.
DEAR SIR, — I have been here too short a time, as yet, to have
collected fully the politics of the session. In general, appear
ances are favorable. On the question for a paper emission, the
measure was this day rejected in emphatical terms by a majority
of 84 vs. 17. The affair of the Mississippi* is but imperfectly
known. I find that its influence on the federal spirit will not
be less than was apprehended. The Western members will not
be long silent on the subject. I inculcate a hope that the views
of Congress may yet be changed, and that it would be rash to
suffer the alarm to interfere with the policy of amending the
Confederacy. The sense of the House has not yet been tried
on the latter point.
The Report from the Deputies to Annapolis lies on the table,
and I hope will be called for before the business of the Missis
sippi begins to ferment. Mr. Henry has signified his wish not
to be re-elected, [Governor,] but will not be in the Assembly.
The Attorney [Ed. Randolph] and R. H. Lee are in nomina
tion for his successor. The former will probably be appointed;
* Mr. Jay's project for shutting it up for 25 years.
1786. LETTERS. 253
in which case, the contest for that vacancy will lie between Col.
Inncs and Mr. Marshall- The nominations for Congress are.
as usual, numerous. There being no Senate yet, it is uncertain
when any of these appointments will take place.
With sincerest affection, your's.
TO COL. JAMES MADISON.
RICHMOND, Novr 1st, 1786.
Paper money was the subject of discussion this day, and was
voted, by a majority of 84 against 17, to be "unjust, impolitic,
destructive of public and private confidence, and of that virtue
which is the basis of Republican Government." Our Revenue
matters have also been on the anvil; several changes in our
taxes are proposed, and it is not unlikely that some will take
place. Duties on imports will be urged, as far as they can be
guarded against smuggling by land, as well as by water. Gov
ernor Henry declines a reappointment, but does not come into
the Assembly. The Attorney or R. H. Lee, probably the for
mer, will supply his place.
We learn that great commotions are prevailing in Massa
chusetts. An appeal to the Sword is exceedingly dreaded.
The discontented, it is said, are as numerous as the friends of
Government, and more decided in their measures. Should they
get uppermost, it is uncertain what may be the effect. They
profess to aim only at a reform of their Constitution, and of
certain abuses in the public administration; but an abolition of
debts, public and private, and a new division of property, are
strongly suspected to be in contemplation.
We also learn that a general combination of the Indians
threatens the frontier of the United States. Congress are
planning measures for warding off the blow, one of which is
an augmentation of the federal troops to upwards of 2,000 men.
In addition to these ills, it is pretty certain that a formidable
254 WORKS OF MADISON. 1780
party in Congress are bent on surrendering the Mississippi to
Spain, for the sake of some commercial stipulations. The pro
ject has already excited much heat within that Assembly, and,
if pursued, will not fail to alienate the Western Country and
confirm the animosity and jealousy already subsisting between
the Atlantic States. I fear that, although it should be frus
trated, the effects already produced will be a great bar to our
amendment of the Confederacy, which I consider as essential to
its continuance. I have letters from Kentucky which inform
me that the expedition against the Indians has prevented the
meeting which was to decide the question of their Independ
ence. It is probable the news relative to the surrender of the
Mississippi will lessen the disposition to separate.
If the bacon left behind by John should not have been sent,
it need not be sent at all. Fresh butter will, from time to time,
continue to be very acceptable. My best regards to my mother
and the family.
Your affectionate and dutiful son.
TO GENERAL WASHINGTON.
RICHMOND, Novr 8th, 1780.
DEAR SIR, — I am just honored with your favor of the 5th
instant. The intelligence from General Knox* is gloomy in
deed, but it is less so than the colours in which I had it through
another channel. If the lessons which it inculcates should not
work the proper impressions on the American public, it will be
a proof that our case is desperate.
Judging from the present temper and apparent views of our
Assembly, I have some ground for leaning to the side of hope.
The vote against paper money has been followed by two others
of great importance. By one of them, petitions for applying a
scale of depreciation to the military certificates was unanimously
* Respecting Shave's Rebellion in Massachusetts.
178G.
LETTERS. 255
rejected. By the other, the expediency of complying with the
Recommendation from Annapolis in favour of a general revision
of the federal system was unanimously agreed to. A Bill for
the purpose is now depending, and in a form which attests the
most federal spirit. As no opposition has been yet made, and
it is ready for the third reading, I expect it will soon be before
the public. It has been thought advisable to give this subject
a very solemn dress, and all the weight that could be derived
from a single State. This idea will be pursued in the selection
of characters to represent Virginia in the federal Convention.
You will infer our earnestness on this point from the liberty
which will be used of placing your name at the head of them.
How far this liberty may correspond with the ideas by which
you ought to be governed will be best decided when it must
ultimately be decided. In every event, it will assist powerfully
in marking the zeal of our Legislature, and its opinion of the
magnitude of the occasion.
Mr. Randolph has been elected successor to Mr. Henry. He
had 77 votes, Col. Bland 26, and R. H. Lee 22. The delega
tion to Congress drops Col. H. Lee, a circumstance which gives
much pain to those who attend to the mortification in which it
involves a man of sensibility. I am yet to learn the ground of
the extensive disapprobation which has shewn itself.
I am, dear sir, most respectfully and affectionately your's.
[Notes of a speech made by Mr. Madison in the House of Delegates of Vir
ginia, in November, 1786, in opposition to paper-money.]
1. Being redeemable at future day. and
Unequal to specie. J . . . . _ T11 L i i
not bearing interest. 2. Illustrated by
case of bank notes, stock in funds, paper of Spain issued during
late war, (See Neckar on finance,) navy bills, tallies. 3. Being
of less use than specie, which answers externally as well as
internally, must be of less value, which depends on the use.
1. To creditors of a legal tender. 2.
To debtors, if not legal tender, by increas-
256 WORKS OF MADISON. 1786.
ing difficulty of getting specie. This it does by increasing ex
travagance and unfavorable balance of trade, and by destroy
ing that confidence between man and man by which resources
of one may be commanded by another. 3. Illustrated — 1. By
raising denomination of coin. 2. Increasing alloy of d°;
brass made as silver by the Romans, according to Sallust. 3.
By changing weights and measures. 4. By case of creditors
within who are debtors without the State.
1. Affects rights of property as much
Unconstitutional. -, i • -, -, --M
as taking away equal value in land ; illus
trated by case of land paid for down, and to be conveyed in
future, and of a law for remitting conveyance, to be satisfied
by conveying a part only, or other land of inferior quality. 2.
Affects property without trial by jury.
Right of regulating coin given to Con-
Anti-federal. & i -n /•
gress lor two reasons: 1. For sake ol uni
formity. 2. To prevent frauds in States towards each other or
foreigners. Both these reasons hold equally as to paper money.
1. Produce of country will bring in
Unnecessary. . . p . •> • •> . . ' n • , •
specie, it not laid out in superfluities. 2.
Of paper, if necessary, enough already in Tobacco notes and
public securities. 3. The true mode of giving value to these,
and bringing in specie, is to enforce justice and taxes.
1. By fostering luxury, extends instead
Pernicious. / * • ™ j-
of curing scarcity of specie. 2. By dis
abling compliance with requisition of Congress. 3. Sowing
dissentions between States. 4. Destroying confidence between
individuals. 5. Discouraging commerce. 6. Enriching collec
tors and sharpers. 7. Vitiating morals. 8. Reversing end of
government, which is to reward best and punish worst. 9.
Conspiring with the examples of other States to disgrace
republican governments in the eyes of mankind.
Objection. Paper money good before the war.
1. Not true in New England, nor in
Answer. . .
Virginia, where exchange rose to 60 per
cent., nor in Maryland. See Franklin on paper money. 2.
1786. LETTERS. 257
Confidence then ; not now. 3. Principles of paper credit not
then understood; such would not then, nor now, succeed in
Great Britain, &c.
Advantages from rejecting paper :
1. Distinguish the State and its credit.
2. Draw commerce and specie.
3. Set honorable example to other States.
TO COL. JAMES MADISON.
RICHMOND, Nov. 16th, 1786.
HOND SIR,— *******
The House of Delegates have done little since my last, and
what was then done is still ineffectual for want of a Senate.
A proposition for stopping the receipt of indents was made,
and met with so little countenance that it was withdrawn.
They will continue to be receivable as far as the law now per
mits, and those who have them not would do well to provide
them. A bill is depending which makes Tobacco receivable in
lieu of the specie part of the current tax, according to its value
at the different Warehouses. Whether it will pass or not is
uncertain. I think it most probable that it will pass. Nothing
has yet been done as to the certificate tax.
*****
TO COL. JAMES MADISON.
November 24th. 1786.
HOND Sm, — The House of Delegates have just passed a bill
making Tobacco receivable in the tax at the market price at
the several Warehouses to be fixt by the Executive. There is
a proviso that the highest price shall not exceed 28s. An
equality of price throughout was contended for, which I dis
approved: 1. Because I think it would have been unjust. 2.
Because the bill could not have been carried in that form. I
was not anxious for its success in any form, but acquiesced in
VOL. i. 17
258 » WORKS OF MADISON. 178G.
it as it stands, as the people may consider it in the light of an
easement, and as it may prevent some worse project in the
Assembly.
# # * #
[The following Petition for the repeal of the Law incorporating the Protestant
Episcopal Church in Virginia, passed in 1784, is found among the papers of Mr.
Madison, and in his handwriting.*]
To the Honorable tJie Speaker and gentlemen the General Assem
bly of Virginia :
We, the subscribers, members of the Protestant Episcopal
Church, claim the attention of your honorable body to our
objections to the law passed at the last session of Assembly
for incorporating the Protestant Episcopal Church; and we
remonstrate against the said law —
Because the law admits the power of the Legislative Body
to interfere in matters of Religion, which we think is not
included in their jurisdiction:
Because the law was passed on the petition of some of the
clergy of the Protestant Episcopal Church, without any appli
cation from the other members of that church on whom the law
is to operate ; and we conceive it to be highly improper that
the Legislature should regard as the sense of the whole church
the opinion of a few interested members, who were in most
instances originally imposed on the people without their con
sent, and who were not authorized by even the smallest part of
this community to make such a proposition:
Because the law constitutes the clergy members of a conven
tion who are to legislate for the laity, contrary to their funda
mental right in chusing their own Legislators:
Because by that law the most obnoxious and unworthy Cler
gyman cannot be removed from a parish except by the deter
mination of a body, one half of whom the people have no con-
* The Law referred to was repealed in 1786.
1786. LETTERS. 259
fidence in, and who will always have the same interest with tht
Minister whose conduct they are to judge of:
Because by that law power is given to the Convention to
regulate matters of faith, and the obsequious vestries are to
engage to change their opinions as often as the Convention
shall alter theirs:
Because a system so absurd and servile will drive the mem
bers of the Episcopal church over to other sects, where there
will be more consistency and liberty:
We therefore hope that the wisdom and impartiality of the
present Assembly will incline them to repeal a law so pregnant
with mischief and injustice.
TO THOMAS JEFFERSON.
RICHMOND, December 4th, 1786.
DEAR SIR, — The recommendation from the meeting at An
napolis, of a plenipotentiary Convention in Philadelphia in May
next, has been well received by the Assembly here. Indeed,
the evidence of dangerous defects in the confederation has at
length proselyted the most obstinate adversaries to a reform.
The unanimous sanction given by the Assembly to the inclosed
compliance with the Recommendation marks sufficiently the
revolution of sentiment which the experience of one year has
effected in this country. The deputies are not yet appointed.
It is expected that General Washington, the present Governor,
E. Randolph, and the late one, Mr. Henry, will be of the
number.
The project for bartering the Mississippi to Spain was brought
before the Assembly after the preceding measure had been
adopted. The report of it having reached the ears of the West
ern Representatives, as many of them as were on the spot,
backed by a number of the late officers, presented a memorial,
full of consternation and complaint; in consequence of which,
some very pointed Resolutions, by way of instruction to the
Delegates in Congress, were unanimously entered into by the
260 WORKS OF MADISON. 1786.
House of Delegates. They are now before the Senate, who will
no doubt be also unanimous in their concurrence.
The question of paper money was among the first with which
the session opened. It was introduced by petitions from two
Counties. The discussion was faintly supported by a few ob
scure patrons of the measure, and, on the vote, it was thrown
out by 85 against 17. A petition for paying off the public se
curities according to a scale of their current prices was unani
mously rejected.
The consideration of the Revised Code has been resumed, and
prosecuted pretty far towards its conclusion. I find, however,
that it will be impossible, as well as unsafe, to give an ultimate
fiat to the system at this session. The expedient I have in view
is to provide for a supplemental revision by a Committee, who
shall accommodate the bills skipped over, and the subsequent
laws, to such part of the Code as has been adopted, suspending
the operation of the latter for one year longer. Such a work
is rendered indispensable by the alterations made in some of
the bills in their passage, by the change of circumstances, which
call for corresponding changes in sundry bills which have been
laid by, and by the incoherence between the whole Code and
the laws in force of posterior date to the Code. This business
has consumed a great deal of the time of two sessions, and has
given infinite trouble to some of us. We have never been with
out opponents, who contest, at least, every innovation inch by
inch. The bill proportioning crimes and punishments, on which
we were wrecked last year, has, after undergoing a number of
alterations, got through a Committee of the whole; but it has
not yet been reported to the House, where it will meet with
the most vigorous attack. I think the chance is rather against
its final passage in that branch of the Assembly; and if it should
not miscarry there, it will have another gauntlet to run through
the Senate.
The bill on the subject of Education, which could not safely
be brought into discussion at all last year, has undergone a
pretty indulgent consideration this. In order to obviate the
objection from the inability of the Country to bear the expence,
1786. LETTERS. 261
it was proposed that it should be passed into a law, but its op
eration suspended for three or four years. Even in this form,
however, there would be hazard in pushing it to a final ques
tion, and I begin to think it will be best to let it lie over for
the supplemental Revisors, who may, perhaps, be able to put it
into some shape that will lessen the objection of expence. I
should have no hesitation at this policy if I saw a chance of
getting a Committee equal to the work of compleating the re
vision. Mr. Pendleton is too far gone to take any part in it.
Mr. Wythe, I suppose, will not decline any duty which may be
imposed on him, but it seems almost cruel to tax his patriotic
zeal any farther. Mr. Blair is the only remaining character in
which full confidence could be placed.
The delay in the administration of Justice from the accumu
lation of business in the General Court, and despair of obtain
ing a reform according to the Assize plan, have led me to give
up this plan in favor of district Courts, which differ from the
former in being clothed with all the powers of the General
Court within their respective districts. The bill on the latter
plan will be reported in a few days, and will probably, though
not certainly, be adopted.
The fruits of the impolitic measures taken at the last session
with regard to taxes are bitterly tasted now. Our Treasury is
empty, no supplies have gone to the federal treasury, and our
internal embarrassments torment us exceedingly. The present
Assembly have good dispositions on the subject, but some time
will elapse before any of their arrangements can be productive.
In one instance only, the general principles of finance have been
departed from. The specie part of the tax under collection is
made payable in Tobacco. This indulgence to the people, as it
is called and considered, was so warmly wished for out of doors,
and so strenuously pressed within, that it could not be rejected
without danger of exciting some worse project of a popular
cast. As Tobacco alone is made commutable, there is reason
to hope the public treasury will suffer little, if at all. It may
possibly gain.
The repeal of the port bill has not yet been attempted. Col.
•262 WORKS OF MADISON. 1786
Mason has been waited for as the hero of the attack. As it is
become uncertain whether he will be down at all, the question
will probably be brought forward in a few days. The repeal,
were he present, would be morally certain. Under the disad
vantage of his absence, it is more than probable. The question
of British debts has also awaited his patronage. I am unable
to say what the present temper is on that subject, nothing hav
ing passed that could make trial of it. The repeated disap
pointments I have sustained in efforts in favor of the Treaty
make me extremely averse to take the lead in the business
again.
The public appointments have been disposed of as follows:
The contest for the chair lay between Col. Bland and Mr. Pren-
tis. The latter prevailed by a majority of near 20 votes. Mr.
Harrison, the late Speaker, lost his election in Surrey, which he
represented last year; and since has been equally unsuccessful
in his pristine County, Charles City, where he made a second
experiment. In the choice of a Governor, Mr. E. Randolph
had a considerable majority of the whole in the first ballot.
His competitors were Col. Bland and R. H. Lee, each of whom
had between 20 and 30 votes. The delegation to Congress con
tained, under the first choice, Grayson, Carrington, R. II. Lee,
Mr. Jones, and myself. Col. H. Lee, of the last delegation, was
dropped. The causes were different, I believe, and not very
accurately known to me. One of them is said to have been his
supposed heterodoxy touching the Mississippi. Mr. Jones has
since declined his appointment, and Col. Lee has been reinstated
by an almost unanimous vote. A vacancy in the Council, pro
duced by the resignation of Mr. Roane, is filled by Mr. Boiling
Starke. Cyrus Griffin was a candidate, but was left consider
ably in the rear. The Attorney Generalship has been conferred
on Col. Innes. Mr. Marshall had a handsome vote.
Our summer and fall have been wet beyond all imagination
in some places, and much so everywhere. The crops of corn
are in general plentiful. The price up the country will not
exceed 8 or 10s. In this district it is scarcest and dearest,
being already as high as 12 or 15s. The crop of Tobacco will
1786. LETTERS. 263
fall short considerably, it is calculated, of the last year's. The
highest and lowest prices in the Country, of the new crop, are
25 and 20s. A rise is confidently expected.
My next will be from New York, whither I shall set out as
soon as the principal business of the Session is over. Till my
arrival there I postpone communications relative to our national
affairs, which I shall then be able to make on better grounds,
as well as some circumstances relative to the affairs of this
State, which the hurry of the present opportunity restrains me
from entering into.
Adieu.
TO GENERAL WASHINGTON.
RICHMOND, December 7th, 1786.
DEAR SIR, — Notwithstanding the communications in your fa
vor of the 18th ult°, which has remained until now unacknowl
edged, it was the opinion of every judicious friend whom I con
sulted that your name could not be spared from the Deputation
to the meeting in May, at Philadelphia. It was supposed, in
the first place, that the peculiarity of the Mission, and its ac
knowledged pre-eminence over every other public object, may
possibly reconcile your undertaking it with the respect which
is justly due, and which you wish to pay, to the late officers of
the Army; and, in the second place, that although you should
find that or any other consideration an obstacle to your attend
ance on the service, the advantage of having your name in the
front of the appointment, as a mark of the earnestness of Vir
ginia, and an invitation to the most select characters from every
part of the Confederacy, ought at all events to be made use of.
In these sentiments I own I fully concurred, and flatter myself
that they will at least apologize for my departure from those
?ield out in your letter. I even flatter myself that they will
merit a serious consideration with yourself whether the difficul
ties which you enumerate ought not to give way to them.
264 WORKS OF MADISON. 178G.
The affair of the Mississippi, which was brought before the
Assembly in a long memorial from the Western members and
some of the officers, has undergone a full consideration of both
Houses. The resolutions printed in the papers were agreed to
unanimously in the House of Delegates. In the Senate, I am
told, the language was objected to by some members as too
pointed. They certainly express in substance the decided sense
of the Country at this time on the subject, and were offered in
the place of some which went much farther, and which were in
other respects exceptionable. I am entirely convinced, from
what I observe here, that unless the project of Congress [for
ceding to Spain the Mississippi for 25 years] can be reversed,
the hopes of carrying this State into a proper federal system
will be demolished. Many of our most federal leading men are
extremely soured with what has already passed. Mr. Henry,
who has been hitherto the champion of the federal cause, has
become a cold advocate, and in the event of an actual sacrifice
of the Mississippi by Congress, will unquestionably go over to
the opposite side. I have a letter from Col. Grayson of late
date, which tells me that nothing further has been done in Con
gress, and one from Mr. A. Clarke, of New Jersey, which in
forms me that he expected every day instructions from his
Legislature for reversing the vote given by the Delegates of
that State in favor of the project.
The temper of the Assembly at the beginning of the session
augured an escape from every measure this year not consonant
to the proper principles of Legislation. I fear, now, that the
conclusion will contradict the promising outset. In admitting
Tobacco for a commutable, we perhaps swerved a little from
the line in which we set out. I acquiesced in the measure my
self as a prudential compliance with the clamours within doors
and without, and as a probable means of obviating more hurt
ful experiments. I find, however, now, that it either had no
such tendency, or that schemes were in embryo which I was not
aware of. A Bill for establishing District Courts has been
clogged with a plan for installing all debts now due, so as to
make them payable in three annual portions. What the fate
178G. LETTERS. 265
of the experiment will be I know not. It seems pretty certain
that if it fails, the bill will fail with it. It is urged in support
of the measure that it will be favorable to debtors and credi
tors both, and that, without it, the bill for accelerating justice
would ruin the former and endanger the public repose. The
objections are so numerous, and of such a nature, that I shall
myself give up the bill rather than pay such a price for it.
TO COL. JAMES MADISON.
RICHMOND, Decr 12th, 1786.
HOND SIR, — The inclosed paper will give you a knowledge
of the mode and terms on which Tobacco is made a Commu ta
ble. It also contains some Resolutions of importance relative
to the navigation of the Mississippi. The Senate have con
curred in them, though not unanimously. Some of the members
of that branch objected to the pointedness of the language;
others doubted the propriety of taking up a subject of so deli
cate a nature without official information from the delegation
in Congress.
The repeal of the port bill was yesterday a subject of discus
sion, and rejected by 70 against 36, so that the law is likely to
become permanent. Amendments, however, are necessary, and
will probably take place. We have a bill depending for estab
lishing District Courts, differing from the Assize in this respect,
that the former will be vested with as compleat jurisdiction
within the District as the General Court exercises over the
whole State. Unhappily, it is clogged with a clause installing
all debts among ourselves, so as to make them payable in three
annual portions. Such an interposition of the law in private
contracts is not to be vindicated on any Legislative principle
within my knowledge, and seems obnoxious to the strongest ob
jections which prevailed against paper money. How it will be
relished I cannot say, the matter not having yet been taken
into discussion. I think it probable that it will miscarry, and
that it will involve the District bill in its fate.
266 WORKS OF MADISON. 1786.
No thorough revision of the taxes has yet taken place. The
inclosed report of a Committee will present some ideas which
are to be discussed. In general, the bias of the House seems
to be strongly towards taxes which are to operate indirectly,
and on articles of luxury. The lawyers and County Court
clerks are also likely to be squeezed. One-tenth of the fees
of the former, and one-third of those of the latter, were voted
to-day to be a proper share for the public. Riding Carriages
were also voted to be proper objects of additional taxation.
Coaches, &c., are to pay six dollars per wheel, Phaetons 4 dol
lars, and Chairs, <fcc., 2 dollars per wheel. Whether these ex
travagant ideas will be persisted in is uncertain. I can scarcely
suppose they will, in their full extent.
******
The Convention in Kentucky was prevented by the Expedi
tions into the Indian Country. It is proposed that another
Convention shall be authorized to decide the question of their
Independence.
TO JAMES MONROE.
RICHMOND, December 21st, 1786.
DEAR SIR— * * * * * * *
We hear nothing from any of the other States on the subject
of the federal Convention. The ice seems to have intercepted
totally the Northern communication for a considerable time
past. The Assembly have been much occupied of late with the
bill for district Courts. On the final question there was a ma
jority of one against it, in fact, though on the count a mistake
made the division equal, and it fell to the Chair to decide, who
passed the bill. The real majority, however, were sensible of
the mistake; and refused to agree to the title, threatening a se
cession at the same time. The result was a compromise, that
the question should be decided anew the next morning, when
the bill was lost in a full house by a single voice. It is now
proposed to extend the Session of the General Court so as to
1786. LETTERS. 267
accelerate the business depending there. We hear that Mary
land is much agitated on the score of paper money, the House
of Delegates having decided in favour of an emission.
TO GENERAL WASHINGTON.
RICHMOND, December 24th, 1786.
DEAR SIR, — Your favor of the 16th instant came to hand too
late on thursday evening to be answered by the last mail. I
have considered well the circumstances which it confidentially
discloses, as well as those contained in your preceding favor.
The difficulties which they oppose to an acceptance of the ap
pointment, in which you are included, can as little be denied as
they can fail to be regretted. But I still am inclined to think
that the posture of our affairs, if it should continue, would pre
vent every criticism on the situation which the cotemporary
meetings would place you in; and that at least a door could be
kept open for your acceptance hereafter, in case the gathering
clouds become so dark and menacing as to supersede every con
sideration but that of our national existence and safety. A
suspension of your ultimate determination would be nowise in
convenient in a public view, as the Executive are authorised to
fill vacancies, and can fill them at any time; and, in any event,
three out of seven deputies are authorized to represent the
State. How far it may be admissible in another view will de
pend, perhaps, in some measure, on the chance of your finally
undertaking the service, but principally on the correspondence
which is now passing on the subject between yourself and the
Governor.
Your observations on Tobacco as a commutable in the taxes
are certainly just and unanswerable. My acquiescence in the
measure was against every general principle which I have em
braced, and was extorted by a fear that some greater evil under
the name of relief to the people would be substituted. I am far
from being sure, however, that I did right. The other evils
contended for have, indeed, been as yet parried, but it is very
268 WORKS OF MADISON.
questionable whether the concession in the affair of the Tobacco
had much hand in it. The original object was paper money.
Petitions for graduating certificates succeeded. Next came in
stalments. And, lastly, a project for making property a tender
for debts at four-fifths of its value. All these have been happily
got rid of by very large majorities. • But the positive efforts in
favor of Justice have been less successful. A plan for reform
ing the administration in this branch, accommodated more to
the general opinion than the Assize plan, got as far as the third
reading, and was then lost by a single vote. The Senate would
have passed it readily, and would have even added amendments
of the right complexion. I fear it will be some time before
this necessary reform will again have a fair chance. Besides
some other grounds of apprehension, it may well be supposed
that the Bill, which is to be printed for consideration of the
public, will, instead of calling forth the sanction of the wise
and virtuous, be a signal to interested men to redouble their
efforts to get into the Legislature.
The Revenue business is still unfinished. The present rage
seems to be to draw all our income from trade. From the sam
ple given of the temper of the House of Delegates on this sub
ject, it is much to be feared that the duties will be augmented
with so daring a hand, that we shall drive away our trade in
stead of making it tributary to our Treasury. The only hope
that can be indulged is that of moderating the fury. The port
bill was defended against a repeal by about 70 votes against
about 40. The revised code is not quite finished, and must re
ceive the last hand from a succeeding Assembly. Several bills
of consequence being rendered unfit to be passed in their pres
ent form, by a change of circumstances since they were pre
pared, necessarily require revision. Others, as the Education
bill, <fec., are thought to be adapted only to a further degree of
wealth and population. Others, as the Execution bill, which
subjects lands to debts, do not find yet an adequate patronage.
Several bills, also, and particularly the bill relating to crimes
and punishments, have been rejected, and require reconsidera
tion from another Assembly. This last bill, after being purged
1787. LETTERS. 269
of its objectionable peculiarities, was thrown out on the third
reading by a single vote.
It will little elevate your idea of our Senate to be told that
they negatived the bill defining the privileges of Ambassadors,
on the principle, as I am told, that an alien ought not to be put
on better ground than a citizen. British debts have not yet
been mentioned, and probably will not, unless Congress say
something on the matter before the adjournment.
TO EDMUND PENDLETON.
RICHMOND, January 9th, 1787.
MY DEAR SIR, — Your favor of the 9th ultimo has been so
long on hand unanswered, that I cannot now acknowledge it
without observing, in the apology for the delay, that I waited
for some measures of which I wished to communicate the event.
The district bill, of which I formerly made mention, was finally
thrown into a very curious situation, and lost by a single voice.
I refer you for its history to Col. Pendleton, who was here at
the time, and is now with you. An attempt has been since made
to render the General Court more efficient, by lengthening its
terms, and transferring the criminal business to the Judges of
the Admiralty. As most of the little motives which co-operated
with a dislike to Justice in defeating the District Bill happened
to be in favour of the subsequent attempt, it went through the
House of Delegates by a large majority. The Senate have dis
appointed the majority infinitely in putting a negative on it, as
we just learn that they have done, by a single voice. An
amendment of the County Courts has also been lost, through a
disagreement of the two Houses on the subject. Our merit on
the score of Justice has been entirely of the negative kind. It
has been sufficient to reject violations of this cardinal virtue,
but not to make any positive provisions in its behalf.
The revised code has not been so thoroughly passed as 1
hoped at the date of my last. The advance of the session, the
coldness of a great many, and the dislike of some to the subject,
270 WORKS OF MADISON. 1787.
required that it should be pressed more gently than could be
reconciled with a prosecution of the work to the end. I had
long foreseen that a supplemental revision, as well of some of
the articles of the Code as of the laws passed since it was di
gested, would become necessary, and had settled a plan for the
purpose with myself. This plan was to suspend the laws adopted
from the Code until the supplement could be prepared, and
then to put the whole in force at once. Several circumstances
satisfied me of late, that if the work was put within the reach of
the next Assembly, there would be danger not only of its being
left in a mutilated state, but of its being lost altogether. The
observations in your favor above acknowledged encouraged
me to propose that the parts of the Code adopted should take
effect without waiting for the last hand to it. This idea has
been pursued, and the bills passed at the last session are to
commence as then determined, those passed at the present being
suspended until July next.
I would myself have preferred a suspension of the former
also till July, for the sake of a more thorough promulgation,
and of a cotemporary introduction of the laws, many of which
are connected together; but the Senate thought otherwise, and
in a ticklish stage of the session, the friends of the code in the
House of Delegates joined me in opinion that it would be well
to create no unnecessary delays or disagreements. I have
strong apprehensions that the work may never be systemati
cally perfected, for the reasons which you deduce from our
form of Government. Should a disposition, however, continue
in the Legislature as favorable as it has been in some stages of
the business, I think a succession of revisions, each growing
shorter than the preceding, might ultimately bring a completion
within the compass of a single session. At all events, the in
valuable acquisition of important bills, prepared at leisure by
skilful hands, is so sensibly impressed on thinking people by
the crudeness and tedious discussion of such as are generally
introduced, that the expence of a continued revision will be
thought by all such to be judiciously laid out for this purpose
alone.
1787. LETTERS. 271
The great objection which I personally feel arises from the
necessity we are under of imposing the weight of these projects
on those whose past services have so justly purchased an ex
emption from future labours. In your case, the additional con
sideration of ill health became almost an affair of conscience,
and I have been no otherwise able to stifle the remorse of hav
ing nominated you, along with Mr. Wythe and Mr. Blair, for
reviewing the subject left unfinished, than by reflecting that
your colleagues will feel every disposition to abridge your share
of the burden, and in case of such an increase of your infirmity
as to oblige you to renounce all share, that they are authorised
to appoint to, I will not say to fill, the vacancy. I flatter my
self that you will be at least able to assist in general consulta
tions on the subject, and to adjust the bills unpassed to the
changes which have taken place since they were prepared. On
the most unfortunate suppositions, my intentions will be sure to
find in your benevolence a pardon for my error.
The Senate have saved our commerce from a dreadful blow
which it would have sustained from a bill passed in the House
of Delegates, imposing enormous duties, without waiting for the
concurrence of the other States, or even of Maryland. There
is a rage at present for high duties, partly for the purpose of
revenue, partly of forcing manufactures, which it is difficult to
resist. It seems to be forgotten, in the first case, that in the
arithmetic of the customs, as Dean Swift observes, 2 and 2 do
not make four; and in the second, that manufactures will come
of themselves when we are ripe for them. A prevailing argu
ment, among others on the subject, is, that we ought not to be
dependent on foreign nations for useful articles, as the event of
a war may cut off all external supplies. This argument cer
tainly loses its force when it is considered that, in case of a
war hereafter, we should stand on very different ground from
what we lately did. Neutral nations, whose rights are becom
ing every day more and more extensive, would not now suffer
themselves to be shut out from our ports, nor would the hostile
Nation presume to attempt it. As far as relates to implements
272 WORKS OF MADISON. 17P7.
of war, which are contraband, the argument for our fabrication
of them is certainly good.
Our latest information from the Eastward has not removed our
apprehensions of ominous events in that quarter. It is pretty
certain that the seditious party has become formidable to the
Government, and that they have opened a communication with
the viceroy of Canada. I am not enough acquainted with the
proceedings of Congress to judge of some of the points which
you advert to. The regulations of their land office have ap
peared to me nearly in the light in which they do to you.
I expect to set out in a few days for New York, when I shall
revive my claim to a correspondence which formerly gave me
so much pleasure, and which will enable me, perhaps, to answer
your queries. The end of my paper will excuse an abrupt but
affectionate adieu.
TO THOMAS JEFFERSON.
NEW YORK, February 15th, 1787.
DEAR SIR, — My last was from Richmond, of the 4th of De
cember, and contained a sketch of our Legislative proceedings
prior to that date.
The principal proceedings of subsequent date relate, as
nearly as I can recollect, 1st, to a rejection of the Bill on
crimes and punishments, which, after being altered so as to
remove most of the objections, as was thought, was lost by a
single vote. The rage against Horse-stealers had a great
influence on the fate of the bill. Our old bloody code is by
this event fully restored, the prerogative of conditional pardon
having been taken from the Executive by a judgment of the
Court of Appeals, and the temporary law granting it to them
having expired, and been left unrevived. I am not without hope
that the rejected bill will find a more favorable disposition in
the next Assembly. 2dly. To the bill for diffusing knowledge ;
17<7. LETTERS. 273
it went through two readings by a small majority, and was no*
pushed to a third one. The necessity of a systematic provision
on the subject was admitted on all hands. The objections
against that particular provision were: 1. The expence, which
was alleged to exceed the ability of the people. 2. The diffi
culty of executing it in the present sparse settlement of the
country. 3. The inequality of the districts, as contended by the
Western members. The last objection is of little weight, and
might have been easily removed if it had been urged in an
early stage of the discussion. The bill now rests on the same
footing with the other unpassed Bills in the Revisal.
3dly. To the Revisal at large. It was found impossible to
get through the system at the late session, for several reasons :
1. The changes which have taken place, since its compilement,
in our affairs and our laws, particularly those relating to our
Courts, called for changes in some of the bills, which could not
be made with safety by the Legislature. 2. The pressure of
other business, which, though of less importance in itself, yet
was more interesting for the moment. 3. The alarm excited
by an approach toward the Execution bill, which subjects land
to the payment of debts. This bill could not have been carried,
was too important to be lost, and even too difficult to be
amended without destroying its texture. 4. The danger of
passing the Repealing Bill at the end of the Code, before the
operation of the various amendments, <fcc., made by the Assem
bly, could be leisurely examined by competent Judges. Under
these circumstances, it was thought best to hand over the residue
of the work to our successors ; and in order to have it made
compleat, Mr. Pendleton, Mr. Wythe, and Blair, were appointed
a Committee to amend the unpassed bills, and also to prepare a
supplemental revision of the laws which have been passed since
the original work was executed.
It became a critical question with the friends of the Revisal
whether the parts of the Revisal actually passed should be
suspended in the mean time, or left to take their operation.
The first plan was strongly recommended by the advantage of
giving effect to the system at once, and by the inconveniency
VOL. i. 18
274 WORKS OF MADISON. 17*7.
arising from the latter, of leaving the old laws to a constructive
repeal only. The latter, notwithstanding, was preferred, as
putting the adopted bills out of the reach of a succeeding As
sembly, which might possibly be unfriendly to the system alto
gether. There was good reason to suspect Mr. Henry, who
will certainly be then a member. By suffering the bills which
have passed to take effect in the mean time, it will be extremely
difficult to get rid of them.
4th:y. Religion. The act incorporating the protestant Epis
copal Church excited the most pointed opposition from the
other sects. They even pushed their attacks against the reser
vation of the Glebes, &c., to the church exclusively. The
latter circumstance involved the Legislature in some embar
rassment. The result was a repeal of the act, with a saving of
the property. 5th. The district Courts. After a great struggle,
they were lost in the House of Delegates by a single voice.
6thly. Taxes. The attempts to reduce former taxes were baffled,
and sundry new taxes added : on lawyers, yV of their fees • on
Clerks of Courts, J of do.; on Doctors, a small tax; a tax on
houses in towns, so as to level their burden with that of real
estate in the country ; very heavy taxes on riding carriages, &c.
Besides these, an additional duty of 2 per cent, ad valorem on
all merchandises imported in vessels of nations not in treaty
with the United States, an additional duty of four pence on
every gallon of wine except French wines, and <if two pence
on every gallon of distilled spirits except French brandies,
which are made duty free. The exceptions in favor of France
were the effect of the sentiments and regulations communicated
to you by Mr. Calonne. A printed copy of the communication
was received the last day of the session in a newspaper from
New York, and made a warm impression on the Assembly.
Some of the taxes are liable to objections, and were much com
plained of. With the additional duties on trade, they will con
siderably enhance our revenue. I should have mentioned a
duty of 6s. per Hogshead on Tobacco for complying with a
special requisition of Congress for supporting the corps of men
raised for the public security.
1787. LETTERS. 275
7th. The Mississippi. At the date of my last, the House of
Delegates only had entered into Resolutions against a surren
der of the right of navigating it. The Senate shortly after
concurred. The States south of Virginia still adhere, as far as
I can learn, to the same ideas as have governed Virginia. New
Jersey, one of the States in Congress which was on the oppo
site side, has now instructed her Delegates against surrendering
to Spain the navigation of the River, even for a limited time ;
and Pennsylvania, it is expected, will do the same. I am told
that Mr. Jay has not ventured to proceed in his project, and I
suppose will not now do it. 8th. The Convention for amending
the federal Constitution. At the date of my last, Virginia had
passed an act for appointing deputies. The deputation consists
of General Washington, Mr. Henry, late Governor, Mr. Ran
dolph, present Governor, Mr. Blair, Mr. Wythe, Col. Mason,
and James Madison.
North Carolina has also made an appointment, including her
present and late Governor. South Carolina, it is expected by
her delegates in Congress, will not fail to follow these exam
ples. Maryland has determined, I just hear, to appoint, but has
not yet agreed on her deputies. Delaware, Pennsylvania, and
New Jersey, have made respectable appointments. New York
has not yet decided on the point. Her Assembly has just re
jected the impost, which has an unpropitious aspect. It is not
clear, however, that she may not yet accede to the other meas
ure. Connecticut has a great aversion to Conventions, and is
otherwise habitually disinclined to abridge her State preroga
tives. Her concurrence, nevertheless, is not despaired of. Mas
sachusetts, it is said, will concur, though hitherto not well in
clined. New Hampshire will probably do as she does. Rhode
Island can be relied on for nothing that is good. On all great
points, she must sooner or later bend to Massachusetts and Con
necticut.
Having but just come to this place, I do not undertake to
give you any general view of American affairs, or of the partic
ular state of things in Massachusetts. The omission is proba
bly of little consequence, as information of this sort must fall
276 WORKS OF MADISON. 1737.
within your correspondence with the office of foreign affairs.
I shall not, however, plead this consideration in a future letter,
when I hope to be more able to write fully.
TO GENERAL WASHINGTON.
NEW YORK, Feb. 21, 1787.
DEAR SIR, — Some little time before my arrival here, a quorum
of the States was made up, and General St. Clair put in the
Chair. We have at present nine States on the ground, but shall
lose South Carolina to-day. Other States are daily expected.
What business of moment may be done by the present or a fuller
meeting is uncertain.
The objects now depending and most immediately in prospect
are: 1. The Treaty of Peace. The Secretary of foreign Affairs
has very ably reported a view of the infractions on both sider?,
his exposition of the contested articles, and the steps proper to
be taken by Congress. I find, what I was not before apprized
of, that more than one infraction on our part preceded even the
violation on the other side in the instance of the negroes. Some
of the reasoning on the subject of the debts would be rather
grating to Virginia. A full compliance with the Treaty accord
ing to judicial constructions, and as a ground for insisting on a
reciprocal compliance, is the proposition in which the Report
terminates. 2. A recommendation of the proposed Convention
in May. Congress have been much divided and embarrassed
on the question whether their taking an interest in the measure
would impede or promote it. On one side it has been urged
that some of the backward States have scruples against acce
ding to it without some constitutional sanction; on the other,
that other States will consider any interference of Congress as
proceeding from the same views which have hitherto excited
their jealousies. A vote of the Legislature here, entered into
yesterday, will give some relief in the case. They have in
structed their delegates in Congress to move for the reconsid-
1787 LETTERS. 277
eration in question. The vote was carried by a majority of one
only in the Senate, and there is room to suspect that the minor
ity were actuated by a dislike to the substance, rather than by
any objection against the form of the business. A large majority
in the other Branch a few days ago put a definitive veto on the
Impost.
It would seem as if the politics of this State are directed by
individual interests and plans, which might be incommoded by
the controul of an efficient federal Government. The four States
north of it are still to make their decision on the subject of the
Convention. I am told by one of the Massachusetts delegates
that the Legislature of that State, which is now sitting, will
certainly accede and appoint Deputies if Congress declare their
approbation of the measure. I have similar information that
Connecticut will probably come in, though it is said that the
interference of Congress will rather have a contrary tendency
there. It is expected that South Carolina will not fail to adopt
the plan, and that Georgia is equally well disposed. All the
intermediate States between the former and New York have
already appointed Deputies, except Maryland, which, it is said,
means to do it, and has entered into some vote which declares
as much. Nothing has yet been done by the new Congress with
regard to the Mississippi.
Our latest information from Massachusetts gives hopes that
the meeting, or, as the Legislature there now style it, the Re
bellion, is nearly extinct. If the measures, however, on foot for
disarming and disfranchising those concerned in it should be
carried into effect, a new crisis may be brought on.
I have not been here long enough to gather the general senti
ments of leading characters touching our affairs and prospects.
I am inclined to hope that they will gradually be concentered
in the plan of a thorough reform of the existing system. Those
who may lean towards a monarchical government, and who, I
suspect, are swayed by very indigested ideas, will of course
abandon an unattainable object whenever a prospect opens of
rendering the Republican form competent to its purposes. Those
who remain attached to the latter form must soon perceive that
•278 WORKS OF MADISON. 1787.
it cannot be preserved at all under any modification which does
not redress the ills experienced from our present establish
ments. Virginia is the only State which has made any provis
ion for the late moderate but essential requisition of Congress,
and her provision is a partial one only.
This would have been of earlier date, but I have waited for
more interesting subjects for it. I shall do myself the pleasure
of repeating the liberty of dropping you a few lines as often as
proper occasions arise, on no other condition, however, than
your waiving the trouble of regular answers or acknowledge
ments on your part.
With the greatest respect and affection, I am, D* Sir, your
obt friend and serv.
TO THE HONBLE EDMUND PENDLETON.
NEW YORK, February 24, 1787.
DEAR SIR, — If the contents of the newspapers of this place
find their way into the Gazettes of Richmond, you will have
learnt that the expedition of General Lincoln against the in
surgents has effectually dispersed the main body of them. It
appears, however, that there are still some detachments which
remain to be subdued, and that the government of Massachu
setts consider very strong precautions as necessary against
farther eruptions. The principal incendiaries have, unluckily,
made off. By some it is said that they are gone to Canada;
by others, that they have taken shelter in Vermont; and by some,
that they are opening a communication with the upper parts of
this State. The latter suggestion has probably some color, as
the Governor here has thought proper to offer rewards for them,
after the example of Governor Bowdoin. We have no inter
esting information from Europe.
The only step of moment taken by Congress, since my arrival,
has been a recommendation of the proposed meeting in May, for
revising the federal Articles. Some of the States, considering
17F7. LETTERS. 279
this measure as an extra-constitutional one, had scruples against
concurring in it without some regular sanction. By others, it
was thought best that Congress should remain neutral in the
business, as the best antidote for the jealousy of an ambitious
desire in them to get more power into their hands. This sus
pense was at length removed by an instruction from this State
to its delegates to urge a recommendatory Resolution in Con
gress, which accordingly passed a few days ago. Notwith
standing this instruction from N. York, there is room to sus
pect her disposition not to be very federal, a large majority of
the House of Delegates having very lately entered into a defin
itive refusal of the impost, and the instruction itself having
passed in the Senate by a casting vote only. In consequence
of the sanction given by Congress, Massachusetts, it is said,
will send Deputies to the Convention, and her example will
have great weight with the other New England States. The
States from North Carolina to New Jersey, inclusive, have
made their appointments, except Maryland, who has, as yet,
only determined that she will make them. The gentlemen here
from South Carolina and Georgia expect that those States will
follow the general example. Upon the whole, therefore, it
seems probable that a meeting will take place, and that it will
be a pretty full one.
What the issue of it will be is among the other arcana of fu
turity, and nearly as inscrutable as any of them. In general,
I find men of reflection much less sanguine as to a new, than
despondent as to the present system. Indeed, the present sys
tem neither has nor deserves advocates; and if some very strong
props are not applied, will quickly tumble to the ground. No
money is paid into the public Treasury; no respect is paid to
the federal authority. Not a single State complies with the
requisitions; several pass them over in silence, and some posi
tively reject them. The payments, ever since the peace, have
been decreasing, and of late fall short even of the pittance ne
cessary for the civil list of the Confederacy. It is not possible
that a Government can last long under these circumstances.
If the approaching convention should not agree on some rem-
280 WORKS OF MADISON. 1787.
edy, I am persuaded that some very different arrangement will
ensue. The late turbulent scenes in Massachusetts, and infa
mous ones in Rhode Island, have done inexpressible injury to
the republican character in that part of the United States, and
a propensity towards monarchy is said to have been produced
by it in some leading minds. The bulk of the people will prob
ably prefer the lesser evil of a partition of the Union into three
more practicable and energetic governments. The latter idea,
I find, after long confinement to individual speculations and
private circles, is beginning to shew itself in the newspapers.
But though it is a lesser evil, it is so great a one that I hope
the danger of it will rouse all the real friends of the Revolution
to exert themselves in favor of such an organization of the Con
federacy as will perpetuate the Union and redeem the honor of
the Republican name.
I shall follow this introductory letter with a few lines from
time to time, as a proper subject for them occurs. The only
stipulation I exact on your part is, that you will not consider
them as claiming either answers or acknowledgements, and that
you will believe me to be, with sincerest wishes for your health
and every other happiness,
Your affectionate friend and serv.
TO COL. JAMES MADISON.
NEW YORK, Feb^ 25th, 1787.
HONDSlR— * * * * *
The success of General Lincoln against the insurgents has
corresponded with the hopes of the Government. It is still said,
notwithstanding, that there remains a great deal of leven in the
mass of the people. Connecticut has not caught the fermenta
tion, but she pays no taxes. Congress received a letter a few
days ago from the Governor of that State, inclosing a non-com
pliance of the Assembly with the requisitions of Congress. In
fact, payments to the federal Treasury are ceasing everywhere,
1787. LETTERS. 281
and the minds of people losing all confidence in our political
system. What change may be wrought by the proposed Con
vention is uncertain. There is a pro-spect, at present, of pretty
general appointments to it.
TO GENERAL WASHINGTON.
NEW YORK, March 18th. 1787.
DEAR SIR, — Recollecting to have heard you mention a plan
formed by the Empress of Russia for a comparative view of the
Aborigines of the new Continent, and of the N. E. parts of the
old, through the medium of their respective tongues, and that
her wishes had been conveyed to you for your aid in obtaining
the American vocabularies, I have availed myself of an oppor
tunity, offered by the kindness of Mr. Hawkins, of taking a
copy of such a sample of the Cherokee and Choctaw dialects as
his late commission to treat with them enabled him to obtain,
and do myself the honor now of enclosing it. I do not know
how far the list of words made use of by Mr. Hawkins may cor
respond with the standard of the Empress, nor how far nations
so remote as the Cherokees and Choctaws from the N. W.
shores of America may fall within the scheme of comparison.
I presume, however, that a great proportion, at least, of the
words will answer, and that the laudable curiosity which sug
gests investigations of this sort will be pleased with every en
largement of the field for indulging it. Not finding it conve
nient to retain a copy of the enclosed, as I wished to do, for my
self, I must ask the favor of your amanuensis to perform that
task for me.
The appointments for the Convention go on very successfully.
Since the date of my last, Georgia, South Carolina, New York,
Massachusetts, and New Hampshire, have come into the meas
ure. Georgia and New Hampshire have constituted their Dele
gates in Congress their representatives in Convention. South
Carolina has appointed Mr. J. Rutledge, General Pinckney, Mr.
282 WORKS OF MADISON. 1787.
Laureus, Major Butler, and Mr. Charles Pinckney, late member
of Congress. The deputies of Massachusetts are Mr. Dana, Mr.
King, Mr. Gorham, Mr. Gerry, Mr. Strong. I am told that a
Resolution of the Legislature of this State, which originated
with their Senate, lays its deputies under the fetter of not de
parting from the 5th of the present articles of Confederation.
As this Resolution passed before the recommendatory act of
Congress was known, it is conjectured that it may be rescinded;
but its having passed at all denotes a much greater prevalence
of political jealousy in that quarter than had been imagined.
The deputation of New York consists of Colonel Hamilton,
Judge Yates, and a Mr. Lansing. The two last are said to be
pretty much linked to the anti-federal party here, and are likely,
of course, to be a clog on their colleague. It is not doubted,
now, that Connecticut and Rhode Island will avoid the singu
larity of being unrepresented in the Convention.
The thinness of Congress has been an obstacle to all the im
portant business before them. At present there are nine States
on the ground; but this number, though adequate to every ob
ject when unanimous, makes a slow progress in business that
requires seven States only. And I see little prospect of the
number being increased.
By our latest and most authentic information from Massachu
setts, it would seem that a calm has been restored by the expe
dition of General Lincoln. The precautions taking by the
State, however, betray a great distrust of its continuance. Be
sides their act disqualifying the malcontents from voting in the
election of members for the Legislature, <fcc., another has been
passed for raising a corps of 1,000 or 1,500 men, and appropri
ating the choicest revenues of the country to its support. It is
said that at least half of the insurgents decline accepting the
terms annexed to the amnesty, and that this defiance of the law
against Treason is countenanced not only by the impunity with
which they shew themselves on public occasions, even with in
solent badges of their character, but by marks of popular favor
conferred on them in various instances in the election to local
offices.
1787. LETTERS. 283
A proposition has been introduced and discussed in the Legis
lature of this State for relinquishing its claim to Vermont, and
urging the admission of it into the Confederacy. As far as I
can learn, difficulties will arise only in settling the form, the
substance of the measures being not disliked by any of the par
ties. It is wished by those who are not interested in claims to
lands within that district to guard against any responsibility
in the State for compensation. On the other side, it will at
least be insisted that they shall not be barred the privilege of
carrying their claims before a federal court, in case Vermont
shall become a party to the Union. I think it probable, if she
should not decline becoming such altogether, that she will make
two conditions, if not more: 1. That neither her boundaries
nor the rights of her citizens shall be impeachable under the
9th article of Confederation. 2. That no share of the public
debt already contracted shall be allotted to her.
I have a letter from Col. John Campbell, dated at Pittsburg,
from which I gather that the people of that quarter are thrown
into great agitation by the reported intention of Congress con
cerning the Mississippi, and that measures are on foot for uni
ting the minds of all the different settlements which have a
common interest at stake. Should this policy take effect, I
think there is much ground to apprehend that the ambition of in
dividuals will quickly mix itself with the first impulses of resent
ment and interest; that by degrees the people may be led to set
up for themselves; that they will slide, like Vermont, insensibly
into a communication and latent connection with their British
neighbors, and, in pursuance of the same example, make such a
disposition of the Western Territory as will entice into it most
effectually emigrants from all parts of the Union. If these ap
prehensions be not imaginary, they suggest many observations
extremely interesting to Spain as well as to the United States.
I hear from Richmond, with much concern, that Mr. Henry
has positively declined his mission to Philadelphia. Besides
the loss of his services on that theatre, there is danger, I feart
that this step has proceeded from a wish to leave his conduct
284 WORKS OF MADISON. 1787.
unfettered on another theatre, where the result of the Conven
tion will receive its destiny from his omnipotence.
With every sentiment of esteem and affection, I remain, Dear
Sir, your obt and very h'ble serv.
TO THOMAS JEFFERSON.
NEW YORK, March 19th, 1787.
DEAR SIR, — My last was of the llth of February, and went
by the packet. This will go to England in the care of a French
gentleman, who will consign it to the care of Mr. Adams.
The appointments for the Convention go on auspiciously.
Since my last, Georgia, South Carolina, New York, Massachu
setts, and New Hampshire, have come into the measure. The
first and the last of these States have commissioned their dele
gates to Congress as their representatives in Convention. The
deputation of Massachusetts consists of Mess". Gorham, Dana,
King, Gerry, and Strong. Thet of New York, Mess". Hamil
ton, Yates, and Lansing. That of South Carolina, Messrs. J.
Rutledge, Laurens, Pinckney, (General,) Butler, and Charles
Pinckney, lately member of Congress. The States which have
not yet appointed are Rhode Island, Connecticut, and Mary
land. The last has taken measures which prove her intention
to appoint, and the two former it is not doubted will follow the
example of their neighbours. I just learn from the Governor
of Virginia that Mr. Henry has resigned his place in the depu
tation from that State, and that General Nelson is put into it
by the Executive, who were authorised to fill vacancies. The
Governor, Mr. Wythe, and Mr. Blair, will attend, and some
hopes are entertained of Col. Mason's attendance. General
Washington has prudently authorised no expectations of his
attendance, but has not either precluded himself absolutely from
stepping into the field if the crisis should demand it.
What may be the result of this political experiment cannot
be foreseen. The difficulties which present themselves are, on
1787. LETTERS. 285
one side, almost sufficient to dismay the most sanguine, whilst
on the other side the most timid are compelled to encounter
them by the mortal diseases of the existing Constitution. These
diseases need not be pointed out to you, who so well understand
them. Suffice it to say, that they are at present marked by
symptoms which are truly alarming, which have tainted the
faith of the most orthodox republicans, and which challenge
from the votaries of liberty every concession in favor of stable
Government not infringing fundamental principles, as the only
security against an opposite extreme of our present situation.
I think myself that it will be expedient, in the first place, to
lay the foundation of the new system in such a ratification by
the people themselves of the several States as will render it
clearly paramount to their Legislative authorities. 2dly.Fbver
and above the positive power of regulating trade and sundry
other matters in which uniformity is proper, to arm the federal
head with a negative in all cases whatsoever on the local Legis
latures. Without this defensive power, experience and reflec
tion have satisfied me that, however ample the federal powers
may be made, or however clearly their boundaries may be de
lineated on paper, they will be easily and continually baffled by
the Legislative sovereignties of the States. The effects of this
provision would be not only to guard the national rights and
interests against invasion, but also to restrain the States from
thwarting and molesting each other; and even from oppressing
the minority within themselves by paper money and other un
righteous measures which favor the interest of the majority^ In
order to render the exercise of such a negative prerogative con
venient, an emanation of it must be vested in some set of men
within the several States, so far as to enable them to give a
temporary sanction to laws of immediate necessity. 3dly. To
change the principle of Representation in the federal system.
Whilst the execution of the acts of Congress depends on the
several Legislatures, the equality of votes does not destroy the
inequality of importance and influence in the States. But in
case of such an augmentation of the federal power as will ren
der it efficient without the intervention of the Legislatures, a
286 WORKS OF MADISON. 1787.
vote in the general Councils from Delaware would be of equal
value with one from Massachusetts or Virginia. This change,
therefore, is just. I think, also, it will be practicable. A ma
jority of the States conceive that they will be gainers by it. It
is recommended to the Eastern States by the actual superiority
of their populousness, and to the Southern by their expected
superiority; and if a majority of the larger States concur, the
fewer and smaller States must finally bend to them. This point
being gained, many of the objections now urged in the leading
States against renunciations of power will vanish. 4tllly. To
organize the federal powers in such a manner as not to blend
together those which ought to be exercised by separate depart
ments. The limited powers now vested in Congress are fre
quently mismanaged from the want of such a distribution of
them. What would be the case under an enlargement not only
of the powers, but the number of the federal Representatives?
These are some of the leading ideas which have occurred to me,
but which may appear to others as improper as they appear to
me necessary.
TO COL. JAMES MADISON.
NEW YORK, April 1st, 1787.
HOND SIR, — The general attention is now directed towards
the approaching Convention. All the States have appointed
deputies to it except Connecticut, Maryland, and Rhode Island.
The first, it is not doubted, will appoint, and the second has
already resolved on the expediency of the measure. Rhode
Island alone has refused her concurrence. A majority of more
than twenty in the Legislature of that State has refused to fol
low the general example. Being conscious of the wickedness
of the measures they are pursuing, they are afraid of everything
that may become a controul on them. Notwithstanding this
prospect of a very full and respectable meeting, no very san
guine expectations can well be indulged. The probable diver
sity of opinions and prejudices, and of supposed or real inter
1787. LETTERS. 287
ests among the States, renders the issue totally uncertain. The
existing embarrassments and mortal diseases of the Confederacy
form the only ground of hope that a spirit of concession on all
sides may be produced by the general chaos, or at least parti
tions of the Union, which offers itself as the alternative.
TO GENERAL WASHINGTON.
NEW YORK, April 10th. 1787.
DEAR SIR, — I have been honored with your letter of the 31
March, and find, with much pleasure, that your views of the re
form which ought to be pursued by the Convention give a
sanction to those I entertained. Temporising applications will
dishonor the councils which propose them, and may foment the
internal malignity of the disease, at the same time that they
produce an ostensible palliation of it. Radical attempts, al
though unsuccessful, will at least justify the authors of them.
Having been lately led to revolve the subject which is to un
dergo the discussion of the Convention, and formed some out
lines of a new system, I take the liberty of submitting them
without apology to your eye.
Conceiving that an individual independence of the States is
utterly irreconcileable with their aggregate sovereignty, and
that a consolidation of the whole into one simple republic would
be as inexpedient as it is unattainable, I have sought for middle
ground, which may at once support a due supremacy of the na
tional authority, and not exclude the local authorities wherever
they can be subordinately useful.
I would propose as the groundwork, that a change be made
in the principle of representation. According to the present
form of the Union, in which the intervention of the States is in
all great cases necessary to effectuate the measures of Congress,
an equality of suffrage does not destroy the inequality of im
portance in the several members. No one will deny that Vir
ginia and Massachusetts have more weight and influence, both
within and without Congress, than Delaware or Rhode Island.
288 WORKS OF MADISON. 1787.
Under a system which would operate in many essential points
without the intervention of the State legislatures, the case would
be materially altered. A vote in the national Councils from
Delaware would then have the same effect and value as one
from the largest State in the Union. I am ready to believe that
such a change would not be attended with much difficulty. A
majority of the States, and those of greatest influence, will re
gard it as favorable to them. To the northern States it will
be recommended by their present populousness; to the South
ern, by their expected advantage in this respect. The lesser
States must in every event yield to the predominant will. But
the consideration which particularly urges a change in the rep
resentation is, that it will obviate the principal objections of
the larger States to the necessary concessions of power.
I would propose next, that in addition to the present federal
powers, the national Government should be armed with positive
and compleat authority in all cases which require uniformity;
such as the regulation of trade, including the right of taxing
both exports and imports, the fixing the terms and forms of
naturalization, £c., &c.
Over and above this positive power, a negative in all cases
wJiatsoever on the Legislative acts of the States, as heretofore
exercised by the Kingly prerogative, appears to me to be ab
solutely necessary, and to be the least possible encroachment on
the State jurisdictions. Without this defensive power, every
positive power that can be given on paper will be evaded or
defeated. The States will continue to invade the National ju
risdiction, to violate treaties and the law of nations, and to
harass each other with rival and spiteful measures dictated by
mistaken views of interest. Another happy effect of this pre
rogative would be its controul on the internal vicissitudes of
State policy, and the aggressions of interested majorities on the
rights of minorities and of individuals. The great desideratum,
which has not yet been found for Republican Governments,
seems to be some disinterested and dispassionate umpire in dis
putes between different passions and interests in the State. The
majority, who alone have the right of decision, have frequently
1787. LETTERS. 289
an interest, real or supposed, in abusing it. In Monarchies, the
Sovereign is more neutral to the interests and views of differ
ent parties; but, unfortunately, he too often forms interests of
his own, repugnant to those of the whole. Might not the na
tional prerogative here suggested be found sufficiently disin
terested for the decision of local questions of policy, whilst it
would itself be sufficiently restrained from the pursuit of inter
est? adverse to those of the whole society 1 There has not been
any moment since the peace at which the representatives of the
Union would have given an assent to paper money, or any other
measure of a kindred nature.
The national supremacy ought also to be extended, as I con
ceive, to the Judiciary departments. If those who are to ex
pound and apply the laws are connected by their interests and
their oaths with the particular States wholly, and not with the
Union, the participation of the Union in the making of the
laws may be possibly rendered unavailing. It seems at least
necessary that the oaths of the Judges should include a fidelity
to the general as well as local Constitution, and that an appeal
should lie to some National tribunal in all cases to which for
eigners or inhabitants of other States may be parties. The ad
miralty jurisdiction seems to fall entirely within the purview
of the National Government.
The National supremacy in the Executive departments is lia
ble to some difficulty, unless the officers administering them
could be made appointable by the Supreme Government. The
Militia ought certainly to be placed, in some form or other, under
the authority which is entrusted with the general protection
and defence.
A Government composed of such extensive powers should be
well organized and balanced. The legislative department
might be divided into two branches; one of them chosen every
years, by the people at large, or by the Legislatures; the
other to consist of fewer members, to hold their places for a
longer term, and to go out in such a rotation as always to leave
in office a large majority of old members. Perhaps the nega
tive on the laws might be most conveniently exercised by this
VOL. i 19
290 WORKS OF MADISON. 1787.
branch. As a further check, a Council of revision, including
the great ministerial officers, might be super added.
A National Executive must also be provided. I have scarcely
ventured, as yet, to form my own opinion either of the manner
in which it ought to be constituted, or of the authorities with
which it ought to be cloathed.
An article should be inserted expressly guarantying the tran
quillity of the States against internal as well as external dangers.
In like manner the right of coercion should be expressly de
clared. With the resources of commerce in hand, the National
administration might always find means of exerting it either by
sea or land. But the difficulty and awkwardness of operating
by force on the collective will of a State render it particularly
desirable that the necessity of it might be precluded. Perhaps
the negative on the laws might create such a mutuality of de
pendence between the general and particular authorities as
to answer this purpose. Or, perhaps, some defined objects of
taxation might be submitted, along with commerce, to the gen
eral authority.
To give a new system its proper validity and energy, a rati
fication must be obtained from the people, and not merely from
the ordinary authority of the Legislatures. This will be the
more essential, as inroads on the existing Constitutions of the
States will be unavoidable.
The inclosed address to the States on the subject of the Treaty
of peace has been agreed to by Congress, and forwarded to the
several Executives. We foresee the irritation which it will ex
cite in many of our Countrymen, but could not withhold our
approbation of the measure. Both the resolutions and the ad
dress passed without a dissenting voice.
Congress continue to be thin, and of course do little business
of importance. The settlement of the public accounts, the dis
position of the public lands, and arrangements with Spain, arc
subjects which claim their particular attention. As a step
towards the first, the Treasury board are charged with the task
of reporting a plan by which the final decision on the claims of
the States will be handed over from Congress to a select set of
1787. LETTERS. 291
men, bound by their oaths, and cloathed with the powers of
Chancellors. As to the second article, Congress have it them
selves under consideration. Between six and seven hundred
thousand acres have been surveyed and are ready for sale. The
mode of sale, however, will probably be a source of different
opinions, as will the mode of disposing of the unsurveyed res
idue. The Eastern gentlemen remain attached to the scheme
of townships. Many others are equally strenuous for indiscrim
inate locations. The States which have lands of their own for
sale are suspected of not being hearty in bringing the federal
lands to market. The business with Spain is becoming ex
tremely delicate, and the information from the Western settle
ments truly alarming.
A motion was made some days ago for an adjournment of
Congress for a short period, and an appointment of Philadelphia
for their reassembling. The eccentricity of this place, as well
with regard to East and West as to North and South, has, I
find, been for a considerable time a thorn in the minds of many
of the Southern members. Suspicion, too, has charged some
important votes on the weight thrown by the present position
of Congress into the Eastern scale, and predicts that the East
ern members will never concur in any substantial provision or
movement for a proper permanent seat for the National Gov
ernment, whilst they remain so much gratified in its temporary
residence. These seem to have been the operative motives with
those on one side who were not locally interested in the re
moval. On the other side, the motives are obvious. Those of
real weight were drawn from the apparent caprice with which
Congress might be reproached, and particularly from the pecu
liarity of the existing moment.
I own that I think so much regard due to these considera
tions, that notwithstanding the principal ones on the other side,
I should have assented with great reluctance to the motion, and
would even have voted against it, if any probability had existed
that, by waiting for a proper time, a proper measure might not
be lost for a very long time. The plan which I should have
292 WORKS OF "MADISON. 1787.
judged most eligible would have been to fix on the removal
whenever a vote could be obtained,. but so as that it should not
take effect until the commencement of the ensuing federal year.
And if an immediate removal had been resolved on, I had in
tended to propose such a change in the plan. No final question
was taken in the case. Some preliminary questions showed that
six States were in favor of the motion. Rhode Island, the
seventh, was at first on the same side, and Mr. Varnum, one of
the delegates, continues so. His colleague was overcome by the
solicitations of his Eastern brethren. As neither Maryland nor
South Carolina was on the floor, it seems pretty evident that
New York has a very precarious tenure of the advantages de
rived from the abode of Congress.
We understand that the discontents in Massachusetts, which
lately produced an appeal to the sword, are now producing a
trial of strength in the field of electioneering. The Governor
will be displaced. The Senate is said to be already of a popu
lar complexion, and it is expected that the other branch will be
still more so. Paper money, it is surmised, will be the engine
to be played off against creditors, both public and private. As
the event of the elections, however, is not yet decided, this in
formation must be too much blended with conjecture to be re
garded as matter of certainty.
I do not learn that the proposed act relating to Vermont has
yet gone through all the stages of legislation here; nor can I
say whether it will finally pass or not. In truth, it having not
been a subject of conversation for some time, I am" unable to
say what has been done or is likely to be done with it.
NOTES ON CONFEDERACIES. 293
Notes of Ancient and Modern Confederacies, preparatory to the
federal Convention of 1787.*
Lytian Confederacy.
In this confederacy, the number of votes allotted to each
member was proportioned to its pecuniary contributions. The
Judges and town magistrates were elected by the general
authority in like proportion.
See Montesquieu, who prefers this mode.
The name of a federal republic may be refused to Lycia,
which Montesquieu cites as an example in which the importance
of the members determined the proportion of their votes in the
general councils. The Grison League is a juster example. —
Code de 1'Hum. Confederation.
Lyciorum quoque «vo/^#v celebrat Strabo : de qua pauca
libet heic subjungere. Fuere eorum urbes XXIII, distincta? in
classes tres pro modo virium. In primS, classe censebantur
maxima? sex, in altera media?, numero nobis incerto, in tertia
reli.quae omnes, quarum fortuna minima. Et singula? quidem
urbes ha? domi res suas curabant, magistratus suos ordinemque
civilem suum habebant: universa? tamen in unum co-euntes unam
communem rempublicam constituebant, concilioque utebantur
uno, velut senatu majore. In eo de bello, de pace, de foederibus,
denique de rerum Lyciacarum summa deliberabant et statue-
bant. Coibant vero in concilium hoc ex singulis urbibus missi
cum potentate ferendi suffragii: utebanturque esi in re jure
<equissimo. Nam quaelibet urbs prima? classis habebat jus suffra-
giorum trium, secunda? duorum, tertia? unius. Eademque pro-
portione tributa quoque conferebant, et munia alia obibant.
* The reader will doubtless remark that this paper corresponds literally
with one printed in the appendix to the 9th volume of Washington's writings,
except that the names of the authorities here cited, as well as the passages
quoted, are in that entirely omitted. Mr. Sparks states that it was found
among the Mount Vernon papers in the handwriting of General Washington.
There can be no doubt that it was originally drawn by Mr. Madison, as it exists
among his autograph papers precisely as we have here given it, with all the
marks of his authorities.
294 WORKS OF MADISON. 1787.
Quemadmodiioi enim ratio ipsa dictat, et poscit aaquitas, ut
plura qui possident, et caateris ditiores sunt, plura etiam in
usus communes, et reipublicas subsidia conferant, sic quoque
eadem a?quitatis regula postulat, ut in statuendo de re communi
iidem illi plus aliis possint: praesertim cum eorundem magis
inter sit rempublicam esse salvarn quam tenuiorum. Locum
concilii hujus non liabebant fixum et certum, sed ex omnibus
urbem deligebant, quas videbatur pro tcmporc commodissima.
Concilio coacto primum designabant Lyciarcham principem
totius reipublicae, dein magistratus alios creabant, partes rei
publicae administraturos demum judicia publica constituebant.
Atque hasc omnia faciebant servata1 proportione eadem, ut nulla
omnino urbs praeteriretur munerum ve aut honorum liorum non
fieret particeps. Et hoc jus illibatum mansit Lyciis ad id usque
tempus, quo Romani assumpto Asias imperio magna ex parte sui
arbitrii id fecerunt. — Ubbo Emmius de Lyciorum Republica in
Asia. [Apud Grovonii Thes., iv, 597.]
Amphictyonic Confederacy.
Instituted by Ampliictyon, son of Deucalion, King of Athens,
1522 years Ant. Christ. — Code de 1'Humanite.
Seated first at Thermopylas, then at Delphos, afterwards at
these places alternately. It met half yearly, to wit, in the
Spring and Fall, besides extraordinary occasions. — Id. In the
latter meetings, all such of the Greeks as happened to be at
Delphos on a religious errand were admitted to deliberate, but
not to vote. — Encyclopedic.
The number and names of the confederated cities differently
reported. The union seems to have consisted originally of the
Delphians and their neighbors only, and by degrees to have
comprehended all Greece. 10, 11, 12, are the different numbers
of original members mentioned by different authors. — Code de
THumanite.
Each city sent two deputies ; one to attend particularly to
Religious matters, the other to civil and criminal matters
affecting individuals ; both to decide on matters of a general
nature. — Id. Sometimes more than two were sent, but they
had two votes only. — Encyclopedic.
1787. NOTES ON CONFEDERACIES. 995
The Amphictyons took an oath mutually to defend and pro
tect the united cities, to inflict vengeance on those who should
sacrilegiously despoil the temple of Delphos, to punish the
violators of this oath, and never to divert the water-courses of
any of the Amphictyonic cities, either in peace or in war. — Code
de 1'Hum. ^Eschines orat. vs. Ctesiphontem.
The Amphictyonic Council was instituted by way of defence
and terror against the Barbarians. — Dictre de Treviux.
Federal Authority.
The Amphictyons had full power to propose and resolve
whatever they judged useful to Greece. — Encycopedie Pol.
(Econ.
1. They judged in the last resort all differences between the
Amphictyonic cities. — Code de 1'Hum.
2. Mulcted the aggressors. — Id.
3. Employed whole force of Greece against such as refused
to execute its decrees. — Id., and Plutarch, Clmon.
4. Guarded the immense Riches of the Temple at Delphos,
and decided controversies between the inhabitants and those
who came to consult the Oracle. — Encyclop.
5. Superintended the Pythian games. — Code de 1'Hum.
6. Exercised right of admitting new members. — (See decree
admitting Philip, in Demosthenes on Crown.)
7. Appointed General of the federal troops, with full powers
to carry their decrees into execution. — Ibid.
8. Declared and carried on war. — Code de PHurnan.
Strabo says that the Council of the Amphictyons was dis
solved in the time of Augustus ; but Pausanias, who lived in
the time of Antoninus Pius, says it remained entire then, and
that the number cxf Amphictyons was thirty. — Potter's Gre.
Ant., vol. 1, pa. 90.
The institution declined on the admission of Philip, and in
the time of the Roman Emperors the functions of the council
were reduced to the administration and police of the Temple.
This limited authority expired only with the Pagan Religion.—
Code de V Human.
Vices of the Constitution.
296 WORKS OF MADISON. 17>7.
It happened but too often that the Deputies of the strongest
cities awed and corrupted those of the weaker, and that Judg
ment went in favor of the most powerful party. — Id. See, also,
Plutarch: Themistocles.
Greece was the victim of Philip. If her confederation had
been stricter, and been persevered in, she would never have
yielded to Macedon, and might have proved a Barrier to the
vast projects of Rome. — Code de I'Hum.
Philip had two votes in the Council. — Rawleigh Hist, world,
lib. 4, c. l,Sect. 7.
The execution of the Amphictyonic powers was very different
from the Theory. — Id. It did not restrain the parties from
warring against each other. Athens and Sparta were members
during their conflicts. Quer.: Whether Thucydides or Xeno-
plion, in their Histories, ever allude to the Amphictyonic au
thority, which ought to have kept the peace? — See Gillies' Hist.
Greece, particularly vol. II, p. 345.
Achcean Confederacy.
In 124 Olympd the Patrians and Dymasans joined first in this
league.— Polyb., lib. 2. c. 3.
This League consisted at first of three small cities. Aratus
added Sicyon, and drew in many other cities of Achaia and
Peloponnesus. Of these he formed a Republic of a peculiar
sort. — Code de PHuman.
It consisted of twelve cities, and was produced by the neces
sity of such a defence against the Etolians. — Encyclo. Pol. (E.,
and Polyb., lib. 2.
The members enjoyed a perfect equality, each of them sending
the number of deputies to the Senate. — Id.
The Senate assembled in the Spring and Fall, and was also
convened on extraordinary occasions by two Praetors, charged
with the administration during the recess, but who could exe
cute nothing without the consent of the Inspectors. — Id.
Foederal Authority.
1. The Senate, composed of the deputies, made war and
peace. — D'Albon I, page 270.
2. Appointed a Captain General annually. — Co. d'Hum.
17S7. NOTES ON CONFEDERACIES. 297
3. Transferred the power of deciding to ten citizens taken
from the deputies, the rest retaining a right of consultation
only. — Id.
4. Sent and received Ambassadors. — D'Albon. Ibid.
5. Appointed a prime Minister. — D'Albon. Ibid.
6. Contracted foreign alliances. — Code de THum.
7. Confederated cities in a manner forced to receive the same
laws and customs, weights and measures, (Id., and Polyb., lib.
2, cap. 3,) yet considered as having each their independent po
lice and Magistrates. — Encyclop. Pol. QEcon.
8. Penes hoc concilium erat summum rerum arbitrium, ex cu-
jus decreto bella suscipiebantur, et finiebantur, pax conveniebat,
foedera feriebantur et solvebantur, leges fiebant ratce aut irritce.
Hujus etiarn erat, Magistratus toti Societati communes eligere,
legationes decernere, &c., &c. * * Regebant concilium pras-
tor pra3cipue, si prsesens esset, et magistratus alii, quos Achaai
drj'uouofouz nuncupabant. Hi numero X erant, suffrages legit-
imi concilii, quod verno tempore habebatur, electi ex universa
societate prudentia prascipui, quorum concilio potissimum pras-
tor. ex lege utebatur. Horum potestas et dignitas maxima erat
post ipsum praetorem, quos iclciro Livius, Polybium sequens,
summum Achaeorum magistratum appellat. * * Cum his
igitur de negociis gravioribus in concilio agitandis praetor pras-
consultabat, nee de iis. nisi in id pars major consentiret, licebat
ad consilium referre. — Ubbo Emmius. [Descr. Reip. Achseo-
rum, Ap. Gron. Thes., iv, 573.]
Ista vero imprimis memorabilis lex est, vinculum societatis
Achaicae maxime stringens, et concordiam muniens, qua inter-
dictum fuit, ne cui civitati Societatis hujus participi fas esset,
seorsim ad exteros ultos mittere legates, non ad Romanes, non
ad alios. Et hasc expressim inserta fuit pactis conventis Achaeo
rum cum populo Romano. * * * * Omnium autem laucla-
tissima lex apud eos viguit * * qua vetiturn, ne quis om-
nino, sive privataa conditionis, seu magistratum gerens, ullam ob
causam, quascunque etiam sit, dona a Rege aliquo caperet. — Id.
[Ap. Gron. Thes., iv, 575.]
ogg WORKS OF MADISON. 1787.
Vices of the Constitution.
The defect of subjection in the members to the general au
thority ruined the whole Body. The Romans seduced the mem
bers from the League by representing that it violated their
sovereignty. — Code de 1'Hum.
After the death of Alexander, this Union was dissolved by
various dissentions, raised chiefly thro' the acts of the Kings of
Macedon. Every city was now engaged in a separate interest,
and no longer acted in concert. — Polyb., lib. 2, cap 3. After,
in 124 Olympd, they saw their error, and began to think of re
turning to their former State. This was the time when Pyrrhus
invaded Italy. — Ibid.
Helvetic Confederacy.
Commenced in 1308 by the temporary and in 1315 by the
perpetual Union of Uri, Schweitz, and Underwald, for the de
fence of their liberties against the invasions of the House of
Austria. In 1315 the Confederacy included 8 Cantons. In
1513 the number of thirteen was compleated by the accession
of Appenzel. — Code de 1'Hum.
The General Diet representing the United Cantons is com
posed of two deputies from each. Some of their allies, as the
Abbe Sl. Gall, &c., are allowed by long usage to attend by their
deputies. — Id.
All general Diets are held at such time and place as Zurich,
which is first in rank and the depository of the common archives,
shall name in a circular summons. But the occasion of annual
conferences for the administration of their dependent bailagcs
has fixed the same time, to wit, the feast of St. John, for the
General Diet, and the city of Frauenfeld, in Turgovia. is now
the place of meeting. Formerly it was the city of Baden. — Id.
The Diet is opened by a complimentary address of the first
deputy of each cantdn by turns, called the Helvetic salutation.
It consists in a congratulatory review of circumstances and
events favorable to their common interest, and exhortations to
Union and patriotism.
The deputies of the first canton, Zurich, propose the matters
1787. NOTES ON CONFEDERACIES. 299
to be discussed. Questions are decided by plurality of voices.
In case of division, the Bailiff of Turgovia has the casting one.
The session of the Diet continues about a month. — Id.
After the objects of universal concern are despatched, such
of the deputies whose constituents have no share in the depend
ent bailages withdraw, and the Diet then becomes a represent
ation of the cantons to whom these bailages belong, and pro
ceeds to the consideration of the business relating thereto. — Id.
Extraordinary Diets for incidental business, or giving au
dience $) foreign ministers, may be called at any time by any
one of the cantons, or by any foreign minister who will defray
the expence of meeting. Seldom a year without an extraordi
nary Diet. — Stanyan's Switzerland.
There is an annual Diet of 12 cantons, by one deputy from
each, for the affairs of the ultra-montane bailages. — Code de
PHuman.
Particular cantons also have their diets for their particular
affairs, the time and place for whose meeting are settled by
their particular treaties.
All public affairs are now treated, not in General Diet, but
in the particular assemblies of protestant and catholic can
tons. — D'Albon.
Federal Authority.
The title of Republican and Sovereign State improperly
given to this Confederacy, which has no concentered authority,
the Diets being only a Congress of Delegates from some or all
of the cantons, and having no fixt objects that are national. —
Dictionnaire de Suisse.
The 13 cantons do not make one Commonwealth like the
United Provinces, but are so many independent Common
wealths in strict alliance. There is not so much as any com
mon instrument by which they are all reciprocally bound
together. The 3 primitive cantons alone being each directly
allied to the other twelve. The others, in many instances, are
connected indirectly* only, as allies of allies. In this mode,
* By the Convention of Stantz, any member attacked has a direct claim on the
succour of the whole confederacy. — Coxe, p. 343.
300 WORKS OF MADISON. 1787.
any one canton may draw in all the others to make a common
cause in its defence. — Stanyan.
The confederacy has no common Treasury, no common troops,
no common coin, no common Judicatory, nor any other common
mark of sovereignty. — Id.
The General Diet cannot terminate any interesting affair
without special instructions and powers, and the deputies ac
cordingly take most matters proposed ad referendum. — Code
del'Hum.-
The Cantons individually exercise the right of sencfing and
receiving ambassadors, making treaties, coining money, pro
scribing the money of one another, prohibiting the importation
and exportation of merchandise, furnishing troops to foreign
States, and doing everything else which does not wound the
liberty of any other canton. Excepting a few cases specified
in the alliances, and which directly concern the object of the
league, no canton is subject to the Resolutions of the plural
ity. — Id.
The only establishment truly national is that of a federal
army, as regulated in 1668, and which is no more than an even
tual plan of defence adopted among so many allied States. — Id.
1. The league consists in a perpetual defensive engagement
against external attacks and internal troubles. It may be re
garded as an axiom in the public law of the confederacy, that
the federal engagements are precedent to all other political
engagements of the cantons. — Id.
2. Another axiom is, that there are no particular or common
possessions of the cantons for the defence of which the others
are not bound as Guarantees, or auxiliaries of Guarantees. — Id.
3. All disputes arc to be submitted to neutral cantons, who
may employ force, if necessary, in execution of their decrees.—
Id. Each party to choose 4 Judges, who may, in case of dis
agreement, choose umpire, and these, under oath of impartial
ity, to pronounce definitive sentence, which all cantons are to
enforce. — D'Albon and Stanyan.
4. No canton ought to form new alliances without the con
sent of the others ; [this was stipulated in consequence of an
1787. NOTES ON CONFEDERACIES. 3Q1
improper alliance in 1442, by Zurich, with the House of Aus
tria.]— Id.
5. It is an essential object of the league to preserve interior
tranquillity by the reciprocal protection of the form of Govern
ment established in each Canton, so that each is armed with the
force of the whole corps for the suppression of rebellions and
revolts, and the history of Switzerland affords frequent in
stances of mutual succors for these purposes. — Dictre de Suisse.
6. The Cantons are bound not to give shelter to fugitives
from Justice, in consequence of which each Canton can at this
day banish malefactors from all the territories of the League. —
Id!
7. Though each Canton may prohibit the exportation and
importation of merchandise, it must allow it to pass through
from one neighboring Canton to another without any augmen
tation of the tolls. — Code de THum.
S. In claiming succours against foreign powers, the S Elder
Cantons have a more extensive right than the 5 junior ones.
The former may demand them of one another without explain
ing the motives of the quarrel. The latter cannot intermeddle
but as mediators or auxiliaries; nor can they commence hostil
ities without the sanction of the Confederates; and if cited by
their adversaries, cannot refuse to accept the other Cantons for
arbiters or Judges. — Dictre de Suisse.
9. In general, each Canton is to pay its own forces, without
compensation from the whole, or the succoured party. But in
case a siege is to be formed for the benefit of a particular Can
ton, this is to defray the expence of it, and if for the common
benefit, each is to pay its just proportion. — D'Albon. On no
pretext is a Canton to be forced to march its troops out of the
limits of Switzerland. — Stanyan.
10. Foreign Ministers from different Nations reside in differ
ent Cantons. Such of them as have letters of credence for the
whole Confederacy address them to Zurich, the chief Canton.
The Ambassador of France, who has most to do with the Con
federacy, is complimented at his quarters by deputies from the
whole body.
802 WORKS OF MADISON. 1787.
Vices of the Constitution.
1. Disparity in size of Cantons.
2. Different principles of Government in different Cantons.
3. Intolerance in Religion.
4. Weakness of the Union. The common bailages, which
served as a cement, sometimes become occasions of quarrels. —
Dictre de Suisse.
In a treaty in 1683 with Victor Amadceus, of Savoy, it is stip
ulated that he shall interpose as mediator in disputes between
the Cantons, and, if necessary, use force against the party re
fusing to submit to the sentence. — Diet™ de Suisse. A striking
proof of the want of authority in the whole over its parts.
Belgic Confederacy.
Established in 1679, by the Treaty called the Union of
Utrecht. — Code de THumanite.
The provinces came into this Union slowly. Guelderland,
the smallest of them, made many difficulties. Even some of the
Cities and Towns pretended to annex conditions to their ac
ceding. — Id.
When the Union was originally established, a committee, com
posed of deputies from each province, was appointed to regulate
affairs, and to convoke the provinces according to article XIX
of the Treaty. Out of this Committee grew the States Gen
eral, (Id.,) who, strictly speaking, are only the Representatives
of the States General, who amount to 800 members. — Temple,
p. 112.
The number of Deputies to the States General from each prov
ince not limited, but have only a single voice. They amount
commonly, altogether, to 40 or 50. They hold their seats, some
for life, some for 6, 3, and 1 years, and those of Groningen and
Overyssel during pleasure. They are paid, but very moder
ately, by their respective constituents, and are amenable to their
Tribunals only. — Code de 1'Hum. No military man is depu-
table to the States General. — Id.
Ambassadors of Republic have session and deliberation, but
no suffrage in States Gen1. — Id. The grand pensioner of Hol
land, as ordinary deputy from Holland, attends always in the
1787. NOTES ON CONFEDERACIES. 3Q3
States General, and makes the propositions of that province to
States General. — Id.
They sit constantly at the Hague since 1593, and every day
in +he week except Saturday and Sunday. The States of Hol
land, in granting this residence, reserve, by way of protestation,
the rights, the honors, and prerogatives, belonging to them as
sovereigns of the province, yielding the States General only a
rank in certain public ceremonies. — Id.
The eldest deputy from each province presides for a week by
turns. The President receives letters, £c., from the Ministers
of the Republic at foreign Courts, and of foreign Ministers re
siding at the Hague, as well as of all petitions presented to the
Assembly; all which he causes to be read by the Secretary. — Id.
The Secretary, besides correcting and recording the Resolu
tions, prepares and despatches instructions to Ministers abroad,
and letters to foreign powers. He assists, also, at conferences
held with foreign Ministers, and there gives his voice. He has a
deputy when there is not a second Secretary. The agent of the
States General is charged with the Archives, and is also em
ployed on occasions of receiving foreign Ministers or sending
Messages to them. — Id.
Federal Authority.
The avowed objects of the Treaty of Union: 1. To fortify
the Union. 2. To repel the common enemy. — Id.
The Union is to be perpetual in the same manner as if the
Confederates formed one province only, without prejudice, how
ever, to the privileges and rights of each province and City. —
Id.
Differences between provinces and between cities are to be
settled by the ordinary Judges, by arbitration, by amicable
agreement, without the interference of other provinces, other
wise than by way of accommodation. The Stadtholder is to
decide such differences in the last resort. — Id.
No change to be made in the articles of Union without unan
imous consent of the parties, and everything done contrary to
them to be null and void. — Id.
States General.
304 WORKS OF MADISON. 1787.
1. Execute, without consulting their constituents, treaties and
alliances already formed. — Id.
2. Take oaths from Generals and Governors, and appoint
Field Deputies.
3. The collection of duties on imports and exports, and the
expedition of safe conducts, are in their name and by their offi
cers. — Id.
4. They superintend and examine accounts of the E. India
Company. — Id.
5. Inspect the Mint, appoint les Maitres de la Monnoye, fix
la faille and la valeur of the coin, having always regard to the
regular rights of the provinces within their own Territories.—
Id.
6. Appoint a Treasurer General and Receiver General of the
Quotas furnished by the provinces. — Id.
7. Elect, out of a double nomination, the fiscal and other
officers within the departments of the admiralties, except that
the High officers of the fleet are appointed by the Admiral
General, to whom the maritime provinces have ceded this
right. — Id. The Navy, supported by duties on foreign trade,
appropriated thereto by the maritime provinces, for the benefit
of the whole Republic. — Id.
8. They govern as sovereigns the dependent territories, ac
cording to the several capitulations. — Id.
9. They form Committees of their own body, of a member
from each deputation, for foreign affairs, finances, marine, and
other matters. At all these conferences the Grand Pensioner
of Holland and the secretary of the States General attend, and
have a deciding voice. — Id.
10. Appoint and receive Ambassadors, negociate with foreign
powers, deliberate on war, peace, alliances, the raising forces,
care of fortifications, military affairs to a certain degree, the
equipment of fleets, building of ships, directions concerning
money. — Id. But they can neither make peace, nor war, nor
truces, nor treaties, nor raise troops, nor impose taxes, nor do
other acts requiring unanimity, without consulting and obtain
ing the sanction of the Provinces. — Id. Coining money also
1787. NOTES OX CONFEDERACIES. 305
requires unanimity and express sanction of provinces. — Temple.
Repealing an old law on same footing. — Burrish. Batav. illus-
trata. In points not enumerated in this article, plurality of
voices decides. — Code de 1'Hum.
11. Composition and publication of edicts and proclamations
relative both to the objects expressed in the articles of union and
to the measures taken for the common good, are in the name
of the States ; and altho' they are addressed to the States of the
Provinces, who announce them with their sanction, still it is in
the name of the States General that obedience is required of all
the inhabitants of the Provinces. — Code de 1'Hum.
The Provinces have reserved to themselves —
1. Their sovereignty within their own limits in general.—
Code de 1'Hum.
2. The right of coining money, as essential to sovereignty;
but agreed, at the same time, that the money which should be
current throughout the Republic should have the same intrinsic
value. To give effect to which regulation a mint is established
at the Hague, under a chamber which has the inspection of all
money struck, either in name of States General or particular
provinces, as also of foreign coin. — Id. Coining money not in
provinces or cities, but in the generality of union, by common
agreement. — Temple.
3. Every province raises what money and by what means it
pleases, and sends its quota to Receiver General. — Temple.
The quotas were not settled without great difficulty. — Id.
4. The naming to Governments of Towns within themselves;
keeping keys, and giving word to Magistrates; a power over
troops in all things not military; conferring Col8, commissions
and inferior posts in such Regiments as are paid by the prov
inces; respectively taking oath of fidelity; concerning a revo
cation of all which the States General are not permitted to
deliberate. — Id.
The provinces are restricted —
1. From entering into any foreign treaties without consent
of the rest. — Code de THum.
VOL. i. 20
306 WORKS OF MADISON. 1787.
2. From establishing imposts prejudicial to others without
general consent. — Id.
3. From charging their neighbors with higher duties than
their own subjects. — Id.
Council of State composed of deputies from the provinces,
in different proportions. 3 of them are for life; the rest gener
ally for 3 years ; they vote per capita. — Temple.
They arc subordinate to the States General, who frequently,
however, consult with them. In matters of war which require
secrecy they act of themselves. Military and fiscal matters
are the objects of their administration.
They execute the Resolutions of the States General, propose
requisitions of men and money, and superintend the fortifica
tions, <fec., and the affairs, revenues, and Governments, of the
conquered possessions. — Temple.
Chamber of Accounts was erected for the ease of the Council
of State. It is subordinate to the States General; is composed
of two deputies from each province, who are changed trien-
nially. They examine and state all accounts of the several
Receivers; controul and register orders of Council of State
disposing of the finances. — Id.
College of Admiralty, established by the States General,
1597, is subdivided into five, of which three are in Holland,
one in Zealand, one in Friezland, each composed of seven depu
ties, four appointed by the province where the admiralty
resides, and three by the other provinces. The vice admiral
presides in all of them when he is present. — Temple.
They take final cognizance of all crimes and prizes at sea;
of all frauds in customs; provide
quota of fleets resolved on by States General; appoint Captains
and superior officers of each squadron; take final cognizance,
also, of civil matters within 600 florins, an appeal lying to
States General for matters beyond that sum. — Code de 1'Hum.
and Temple.
The authority of States General in Admiralty Department
is much limited by the influence and privileges of maritime prov-
17S7. NOTES ON CONFEDERACIES. 397
inces, and the jurisdiction herein is full of confusion and contra
diction. — Code de 1'Humanite.
Stadtholder, who is now hereditary, in his political capacity
is authorized —
1. To settle differences between provinces, provisionally, till
other methods can be agreed on, which having never been, this
prerogative may be deemed a permanent one. — Code de FHum.
2. Assists at deliberations of States General and their par
ticular conferences; recommends and influences appointment of
Ambassadors. — Id.
3. Has seat and suffrage in Council of State. — Id.
4. Presiding in the provincial Courts of Justice, where his
name is prefixed to all public acts. — Id.
5. Supreme Creator of most of the Universities. — Id.
6. As Stadtholder of the provinces, has considerable rights
partaking of the sovereignty; as appointing town magistrates,
on presentation made to him of a certain number. Executing
provincial decrees, <fcc. — Id. and Mably; Etud. de 1'hist.
7. Gives audiences to Ambassadors, and may have agents
with their Sovereigns for his private affairs. — Mab. Ibid.
8. Exercises power of pardon. — Temple.
In his Military capacity as Captain General—
1. Commands forces; directs marches; provides for garri
sons; and, in general, regulates military affairs. — Code de
FHum.
2. Disposes of all appointments, from Ensigns to Col8. The
Council of State having surrendered to him the appointments
within their disposal, (Id.,) and the States General appoint the
higher grades on his recommendation. — Id.
3. Disposes of the Governments, &c., of the fortified towns,
tho7 the commissions issue from the States General. — Id.
In his Marine capacity as Admiral General —
1. Superintends and directs everything relative to naval
forces and other affairs within Admiralty. — Id.
2. Presides in the admiralties in person or by proxy. — Id.
3. Appoints Lieufc. Admirals and officers under them. — Id.
4. Establishes Councils of war, whose sentences are in the
308 WORKS OF MADISON. 1787.
name of the States General and his Highness, and are not exe
cuted till he approves. — Id.
The Stadtholder has a general and secret influence on the
great machine which cannot be defined. — Id.
His revenue from appointments amounts to 300,000 florins,
to which is to be added his extensive patrimonies. — Id.
The standing army of the Republic, 40,000 men.
Vices of the Constitution.
The Union of Utrecht imports an authority in the States Gen
eral seemingly sufficient to secure harmony; but the jealousy in
each province of its sovereignty renders the practice very dif
ferent from the Theory. — Code de THum.
It is clear that the delay occasioned by recurring to seven
independent provinces, including about 52 voting Cities, &c., is
a vice in the Belgic Republic which exposes it to the most fatal
inconveniences. Accordingly, the fathers of their country have
endeavored to remedy it, in the extraordinary assemblies of the
States General in 1584, in 1651, 1716, 1717, but, unhappily,
without effect. This vice is, notwithstanding, deplorable. — Id.
Among other evils, it gives foreign Ministers the means of ar
resting the most important deliberations by gaining a single
Province or City. This was done by France in 1726, when the
Treaty of Hanover was delayed a whole year. In 1688 the
States concluded a Treaty of themselves, but at the risk of their
heads. — Id. It is the practice, also, in matters of contribution
or subsidy, to pass over this article of the Union; for where
delay would be dangerous, the consenting provinces furnish
their quotas without waiting for the others; but by such means
the Union is weakened, and, if often repeated, must be dis
solved. — Id.
Foreign Ministers elude matters taken ad referendum, by tam
pering with the Provinces and Cities. — Temple, p. 116.
Treaty of Union obliges each Province to levy certain con
tributions. But this article never could and probably never
will be executed, because the inland provinces, who have little
commerce, cannot pay an equal Quota. — Burrish. Bat. illustrat.
17b7. NOTES ON CONFEDERACIES. 309
Deputations from agreeing to disagreeing Provinces fre
quent. — Tern.
It is certain that so many independent corps and interests
could not be kept together without such a center of union as
the Stadtholdership, as has been allowed and repeated in so
many solemn acts. — Code de 1'Hum.
In the intermission of the Stadtholdership, Holland, by her
riches and authority, which drew the others into a sort of de
pendence, supplied the place. — Temple.
With such a Government the Union never could have sub
sisted, if, in effect, the provinces had not within themselves a
spring capable of quickening their tardiness and impelling them
to the same way of thinking. This spring is the Stadtholder.
His prerogatives are immense — 1, &c., <fec. A strange effect of
human contradictions. Men too jealous to confide their liberty
to their representatives, who are their equals, abandoned it to
a Prince, who might the more easily abuse it, as the affairs of
the Republic were important, and had not then fixed them
selves.— Mably Etude D'Hist., 205—6.
Grotius has said that the hatred of his countrymen against
the House of Austria kept them from being destroyed by the
vices of their Constitution. — Ibid.
The difficulty of procuring unanimity has produced a breach
of fundamentals in several instances. Treaty of Westphalia was
concluded without consent of Zealand, &c. — D'Albon and Tem
ple. These tend to alter the constitution. — D'Albon.
It appears by several articles of the Union that the confede
rates had formed the design of establishing a General tax, [Im-
pot,] to be administered by the States Gen1. But this design, so
proper for bracing this happy Union, has not been executed. —
Code de THum.
Germanic Confederacy took its present form in the year
_.__Code de 1'Hum.
The Diet is to be convoked by the Emperor, or, on his failure,
by the Archbishop of Mentz, with consent of Electors, once in
ten years at least from the last adjournment, and six months
310 WORKS OF MADISON. 1787.
before the time of meeting. Ratisbon is the seat of the Diet
since 1663.
The members amount to 285, and compose three colleges, to
wit: that of the Electors, of Princes, of Imperial Cities. The
voices amount to 159, of which 153 are individual and 6 col
lective. The latter are particular to the College of Princes, and
are formed out of 39 prelates, <fec., and 93 Counts, <fec. The
individual voices are common to the three Colleges, and are
given by 9 Electors; 94 Princes, 33 of the ecclesiastical and 61
of the secular Bench; and 50 Imperial Cities, 13 of the Rhenish,
and 37 of the Suabian Bench. The King of Prussia has nine
voices, in as many different capacities. — Id.
The three Colleges assemble in the same House, but in differ
ent apartments. — Id.
The Emperor, as head of the Germanic body, is President of
the Diet. He and others are represented by proxies at pres
ent.— Id.
The deliberations are grounded on propositions from Emper
or, and commence in the College of Electors, from whence they
pass to that of the Princes, and thence to that of the Imperial
Cities. They are not resolutions till they have been passed in
each. When the Electors and Princes cannot agree, they con
fer; but do not confer with the Imperial Cities. Plurality of
voices decide in each College, except in matters of Religion and
a few reserved cases, in which, according to the Treaty of West
phalia and the Imperial Capitulations, the Empire is divided
into the Catholic and Evangelic Corps. — Id.
After the Resolutions have passed the three Colleges they
are presented to the Representative of the Emperor, without
whose ratification they are null. — Id. They are called placita
after passing the three Colleges; conclusa, after ratification by
Emperor. — Id.
The collection of acts of one Diet is called the Recess, which
cannot be made up and have the force of law till the close of
the Diet. The subsisting diet has not been closed for more than
a hundred years; of course it has furnished no effective Resolu-
1787. NOTES ON CONFEDERACIES.
tion. though a great number of interesting ones have passed.
This delay proceeds from the Imperial Court, who refuse to
grant a recess, notwithstanding the frequent and pressing ap
plications made for one. — Id.
Federal Authority.
The powers as well as the organization of the Diet have
varied at different times. Antiently it elected as a corps the
Emperors, and judged of their conduct. The Golden Bull gives
this right to the Electors alone. Antiently it regulated tolls;
at present the Electors alone do this. — Id.
The Treaty of Westphalia and the capitulations of the Em
perors, from Charles Y downwards, define the present powers
of the Diet. These concern — 1. Legislation of the Empire. 2.
War and peace, and alliances. 3. Raising troops. 4. Contri
butions. 5. Construction of fortresses. 6. Money. 7. Ban of
the Empire. 8. Admission of new princes. 9. The Supreme
tribunals. 10. Disposition of grand fiefs and grand charges.
In all these points the Emperor and Diet must concur. — Id.
The Ban of the Empire is a sort of proscription, by which the
disturbers of the public peace are punished. The offender's life
and goods are at the mercy of every one; formerly, the Empe
rors themselves pronounced the ban against those who offended
them. It has been since regulated that no one shall be exposed
to the ban without the examination and consent of the Diet. —
Encyclop.
By the Ban the party is outlawed, degraded from all his fed
eral rights, his subjects absolved from their allegiance, and his
possessions forfeited. — Code de PHum.
The Ban is incurred when the Emperor or one of the supreme
Tribunals address an order to any one, on pain, in case of dis
obedience, of being proscribed ipso facto. — Id.
The Circles, formerly, were in number six only. There are
now ten. They were instituted for the more effectual preserva
tion of the public peace, and the execution of decrees of Diet
and supreme Tribunals against contumacious members, for which
purposes they have their particular diets, with the chief Prince
of the circle at their head, have particular officers for command-
WORKS OF MADISON. 1787.
ing the forces of the Circle, levy contributions, see that justice
is duly administered, that the coin is not debased, that the cus
toms are not unduly raised. — Savage, vol. 2, p. 35.
If a circle fail to send its due succours, it is to pay damages
suffered therefrom to its neighbours. If a member of the circle
refuse, the Col. of the circle is to admonish; and if this be in
sufficient, the delinquent party is to be compelled under a sen
tence from the Imperial Chamber. — Id.
Imperial Chamber, established in 1495 by the Diet, as a means
of public peace, by deciding controversies between members of
the Empire. — Code dc 1'Hum.
This is the first Tribunal of the Empire. It has an appellate
jurisdiction in all Civil and fiscal causes, or where the public
peace may be concerned. It has a concurrent jurisdiction with
the Aulic Council, and causes cannot be removed from one to
the other. — Id.
The Judges of this Tribunal are appointed partly by the Em
peror, partly by Electors, partly by circles; are supported by
all the States of the Empire, excepting the Emperor. They are
badly paid, though great salaries are annexed to their offices. —
Id.
In every action, real or personal, The Diet, Imperial Cham
ber, and Aulic Council, are so many supreme Courts, to which
none of the States can demur. The jurisprudence by which
they govern themselves are, according to the subject-matter:
1. The provincial laws of Germany. 2. The Scripture. 3.
The law of nature. 4. Law of Nations. 5. The Roman law.
6. The canon law. 7. The foedal law of the Lombards. — Id.
Members of Diet, as such, are subject in all public affairs to be
judged by Emperor and Diet; as individuals in private capacity,
are subject to Aulic Council and Imperial Chamber. — Id.
The members have reserved to themselves the right — 1. To
enter into war and peace with foreign powers. 2. To enter
into alliances with foreign powers and with one another, not
prejudicial to their engagements to the Empire. — Code de
1'Hum. 3. To make laws, levy taxes, raise troops, to deter
mine on life and death. — Savage. 4. Coin money. — Id. 5.
1787. NOTES ON CONFEDERACIES.
Exert territorial sovereignty within their limits in their own
name. — Code de 1'Hum. 6. To grant pardons. — Savage, p. 44.
7. To furnish their quotas of troops, equipped, mounted, and
armed, and to provide for sustenance of them, as if they served
at home. — Code de 1'Hum.
Adic Council, [established by Diet in 1512. — Encyclop.,]
composed of members appointed by the Emperor. — Code de
1'Hum.
Its cognizance is restrained to matters above 2,000 crowns;
is concurrent with the jurisdiction of the Imperial Chamber in
controversies between the States; also, in those of subjects of
the Empire by way of appeal from subaltern Tribunals of the
Empire, and from sovereign Tribunals of Princes. — Id. Arms
are to be used for carrying its decrees into execution, as was
done in 1718 by the troops of the Circle of upper Rhine, in a
controversy between Landgrave of Hesse Cassel and Prince of
Hesse of Rhinntz.— Id.
Members of Empire restricted —
1. From entering into Confederacies prejudicial to the Em
pire.
2. From laying tolls or customs upon bridges, rivers, or pass
ages, to which strangers are subject, without consent of the
Emperor in full diet.
3. Cannot give any other value to money, nor make any
other kind of money, than what is allowed by the Empire. —
Savage, vol. 2, p. 45.
4. (By edict of 1548, particularly,) from taking arms one
against another; from doing themselves justice; from affording
retreat, much more assistance, to infractors of the public peace;
the ban of the Empire being denounced against the transgress
ors of these prohibitions, besides a fine of 2,000 marks of Gold
and loss of regalities. — Code d'Hum.
Emperor has the prerogative — 1. Of exclusively making
propositions to the Diet. 2. Presiding in all Assemblies and
Tribunals o . the Empire when he chooses. 3. Of giving suf
frage in all affairs treated in the Diet. 4. Of negativing their
resolutions. 5. Of issuing them in his own name. 6. Of watch-
314 WORKS OF MADISON. 17557.
ing over the safety of the Empire. 7. Of naming Ambassadors
to negociate within the Empire, as well as at foreign Courts,
affairs concerning the Germanic Corps. 8. Of re-establishing
in good fame persons dishonored by Council of war and civil
Tribunals. — Code d'Hum. 9. Of giving investiture of the prin
cipal immediate fiefs of the Empire; which is not, indeed, of much
consequence. 10. Of conferring vacant electorates. 11. Of
preventing subjects from being withdrawn from the jurisdiction
of their proper judge. 12. Of conferring charges of the Em
pire. 13. Of conferring dignities and titles, as of Kings, &c.
14. Of instituting military orders. 15. Of granting the der
nier resort. 16. Of judging differences and controversies
touching tolls. 17. Of deciding contests between Catholic and
Protestant States, touching precedence, &c. — Id. 18. Of found
ing Universities within the lands of the States, so far as to make
the person endowed with Academic honors therein be regarded
as such throughout Germany. 19. Of granting all sorts of
privileges not injurious to the States of the Empire. 20. Of
establishing great fairs. 21. Of receiving the droit des Postes
generales. 22. Of striking money, but without augmenting or
diminishing its value. 23. Of permitting strangers to enlist
soldiers, conformably to Recess of 1654. — Id. 24. Of receiv
ing and applying Revenues of Empire. — Savage, p. . He
cannot make war or peace, nor laws, nor levy taxes, nor alter
the denomination of money, nor weights or measures. — Savage,
v. 2, p. 35. The Emperor, as such, does not properly possess
any territory within the Empire, nor derive any revenue for
his support. — Code de 1'Hum.
Vices of the Constitution.
1. The Quotas are complained of, and supplied very irregu
larly and defectively. — Code de 1'Hum. Provision is made by
decree of diet for enforcing them, but it is a delicate matter to
execute it against the powerful members. — Id.
2. The establishment of the Imperial Chamber has not been
found an efficacious remedy against civil wars. It has com
mitted faults. The Ressortissans have not always been docile.—
Id.
17R7 LETTERS. 315
3. Altho' the establishment of Imperial Chambers, £c., give
a more regular form to the police of the fiefs, it is not to be
supposed they are capable of giving a certain force to the laws
and maintaining the peace of the Empire, if the House of Aus
tria had not acquired power enough to maintain itself on the
Imperial Throne, to make itself respected, and to give orders
which it might be imprudent to despise, as the laws were there
fore despised. — Mably Etude de hist., p. 130.
[Jealousy of the Imperial authority seems to have been a
great cement of the Confederacy.]
TO JAMES MONROE.
NEW YORK, April 19th, 1787.
DEAR SIR, — No definitive steps are yet taken for the trans
portation of your furniture. I fear we shall be obliged to make
use of a conveyance to Norfolk as soon as one shall offer. 1
have examined the workmanship of the man in Chappel street.
•The face of it is certainly superior to that of your workman.
Whether it may prove much so for substantial purposes, I do not
undertake to say. Should Mrs. Monroe not be pleased with the
articles, I would recommend that you dispose of them, which
may be done, probably, without loss, and send us a commission
to replace them. I think we could please you both, and on terms
not dearer than that of your purchase. We learn nothing yet
of a remittance from S. Carolina.
The business of the Mississippi will, I think, come to a point
in a few days. You shall know the result in due time.
A motion was lately made to remove shortly to Philadelphia;
six States would have been for it. Rhode Island was so at first,
and would have been a seventh. One of the delegation was
overpowered by exertions of his. Eastern brethren. I need not
rehearse to you the considerations which operated on both sides.
Your conjectures will not mistake them. My own opinion is,
that there are strong objections against the moment, [move
ment?] objections which nothing would supersede but the diffi-
316 WORKS OF MADISON. 1787.
culty of bringing the sense of the Union to an efficient vote
in Congress, and the danger of losing altogether a proper
measure by waiting for a proper time. A middle way would
have been my choice; that is, to fix Philadelphia for the meet
ing of the ensuing Congress, and to remain here in the mean
time. This would have given time for all preliminary arrange
ments, would have steered clear of the Convention, and, by se
lecting a natural period for the event, and transferring the
operation of it to our successors in office, all insinuations of
suddenness, and of personal views, would have been repelled.
I hear with great pleasure that you are to aid the delibera
tions of the next Assembly, and with much concern that paper
money will probably be among the bad measures which you will
have to battle. Wishing you success in this and all your other
labours for the public and for yourself, I remain, with best re
spects to Mrs. Monroe,
Yours affectionately.
TO EDMUND PENDLETON.
NEW YORK, April 22nd, 1787.
MY DEAR SIK, — The period since my last has afforded such
scanty materials for a letter, that I have postponed it till I have
now to thank you for yours of the 7th instant, which came to
hand two days ago. I always feel pleasure in hearing from you,
but particularly when my concern for your doubtful health is re
lieved by such an evidence in its favor. At the same time, I
must repeat my wishes to forego this pleasure whenever it may
interfere with the attention which you owe to your ease, your
business, or your other friends.
I do not learn that any symptoms yet appear of a return of
the insurgent spirit in Massachusetts. On the contrary, it is
said that the malcontents are trying their strength in a more
regular form. This is the crisis of their elections; and if they
can muster sufficient numbers, their wicked measures are to be
1787. LETTERS. 317
sheltered under the form? of the Constitution. How far their
influence may predominate in the current appointments is un
certain; but it is pretty certain that a great change in the ru
lers of that State is taking place, and that a paper emission, if
nothing worse, is strongly apprehended. Governor Bowdoin
is already displaced jn favor of Mr. Hancock, whose acknowl
edged merits are not a little tainted by an obsequiousness to
popular follies. A great change has also taken place in the
Senate, and a still greater is prognosticated in the other branch
of the Legislature.
We are flattered with the prospect of a pretty full and very
respectable meeting in next month. All the States have made
appointments, except Connecticut, Maryland, and Rhode Island.
The last has refused. Maryland will certainly concur. The
temper of Connecticut is equivocal. The turn of her elections,
which are now going on, is said to be rather unpropitious. The
absence of one or two States, however, will not materially affect
the deliberations of the Convention. Disagreement in opinion
among the present is much more likely to embarrass us. The
nearer the crisis approaches, the more I tremble for the issue.
The necessity of gaining the concurrence of the Convention in
some system that will answer the purpose, the subsequent ap
probation of Congress, and the final sanction of the States, pre
sent a series of chances which would inspire despair in any
case where the alternative was less formidable. The difficulty,
too, is not a little increased by the necessity which will be pro
duced, by encroachments on the State Constitutions, of obtain
ing not merely the assent of the Legislatures, but the ratifica
tion of the people themselves. Indeed, if such encroachments
could be avoided, a higher sanction than the Legislative au
thority would be necessary to render the laws of the Confed
eracy paramount to the acts of its members.
I inclose a late act of Congress, which will shew you the light
in which they view and inculcate a compliance with the Treaty
of peace. We were not unaware of the bitterness of the pill to
many of our countrymen, but national considerations overruled
that objection. An investigation of the subject had proved that
318 WORKS OF MADISON. 1787.
the violations on our part were not only most numerous and
important, but were of earliest date. And the assurances on
the other part are explicit, that a reparation of our wrongful
measures shall be followed by an immediate and faithful execu
tion of the Treaty by Great Britain.
Congress are at present deliberating on the most proper plan
for disposing of the Western lands, and providing a criminal
and civil administration for the Western settlements beyond
the Ohio. The latter subject involves great difficulties. On
the former, also, opinions are various. Between 6 and 700,000
acres have been surveyed in Townships, and are to be sold as
soon as they shall be duly advertised. The sale was at first to
have been distributed throughout the States. This plan is now
exchanged for the opposite extreme. The sale is to be made
where Congress sit. Unquestionably, reference ought to have
been had, in fixing on the place, either to the center of the
Union or to the proximity of the premises. In providing for
the unsurveyed lands, the difficulty arises from the Eastern at
tachment to townships, and the Southern, to indiscriminate
locations. A copper coinage was agreed on yesterday, to the
amount of upwards of two hundred thousand dollars; 15 per
cent, is to be drawn into the federal Treasury from this opera
tion.
Our affair with Spain is on a very delicate footing. It is not
easy to say what precise steps would be most proper to be taken
on our side, and extremely difficult to say what will be actually
taken. Many circumstances threaten an Indian war, but the
certainty of it is not established. A British officer was lately
here from Canada, as has been propagated, but not on a mission
to Congress. His business was unknown, if he had any that
was important.
I am extremely concerned, though not much surprised, at the
danger of a paper emission in Virginia. If Mr. Henry should
erect the standard, he will certainly be joined by sufficient force
to accomplish it. Remorse and shame are but too feeble re
straints on interested individuals against unjust measures, and
are rarely felt at all by interested multitudes.
LETTERS. 319
TO THOMAS JEFFERSON.
April 23d, 1787.
DEAR SIR, — The vigorous measures finally pursued by the
Government of Massachusetts against the insurgents had the
intended effect of dispersing them. By some it was feared that
they would re-embody on the return of favorable weather. As
yet, no symptom of such a design has appeared. It would seem
that they mean to try their strength in another way ; that is,
by endeavoring to give the elections such a turn as may pro
mote their views under the auspices of Constitutional forms.
How far they may succeed is not yet reducible to certainty.
That a great change will be effected in the component members
of the Government is certain, but the degree of influence im-
putable to the malcontents cannot be well known till some
specimen shall be given of the temper of the new rulers. A
great proportion of the Senate is changed, and a greater pro
portion of the other branch it is expected will be changed. A
paper emission, at least, is apprehended from this revolution in
their councils.
Considerable changes are taking place, I hear, in the County
elections in Virginia, and a strong itch beginning to return for
paper money. Mr. Henry is said to have the measure in con
templation, and to be laying his train for it already. He will,
however, be powerfully opposed by Col. Mason, if he should be
elected and be able to serve ; by Monroe, Marshall, and Lud-
well Lee, (son of R. H. Lee,) who are already elected ; and
sundry others of inferior rank. Mr. Harrison, the late Gov
ernor, has so far regained the favor of Charles City as to be re
instated a representative. The part which he will take is un
certain. From his repeated declarations he ought to be adverse
to a paper emission.
320 WORKS OF MADISON. 1787.
Notes on the Confederacy. — April, 1787.
Vices of the Political Ohsprvatirm* V»v T AT
system of the U. States. ons W J • M<
1. Failure of the States l- This evil has been so full>7 experienced
to comply with the Con- both during the war and since the peace,
ions' results so naturally from the number and
independent authority of the States, and has been so uniformly
exemplified in every similar Confederacy, that it may be con
sidered as not less radically and permanently inherent in, than
it is fatal to the object of, the present system.
2. Encroachments by 2« Examples of this arc numerous, and
the States on the federal repetitions may be foreseen in almost every
case where any favorite object of a State
shall present a temptation. Among these examples are the
wars and treaties of Georgia with the Indians, the unlicensed
compacts between Virginia and Maryland, and between Penn
sylvania and New Jersey, the troops raised and to be kept up
by Massachusetts.
3. Violations of the 3' From the number of Legislatures, tlje
law of nations and of sphere of life from which most of their
members are taken, and the circumstances
under which their legislative business is carried on, irregulari
ties of this kind must frequently happen. Accordingly, not a
year has passed without instances of them in some one or other
of the States. The Treaty of Peace, the treaty with France,
the treaty with Holland, have each been violated. [See the
complaints to Congress on these subjects.] The causes of these
irregularities must necessarily produce frequent violations of
the law of nations in other respects.
As yet, foreign powers have not been rigorous in animad
verting on us. This moderation, however, cannot be mistaken
for a permanent partiality to our faults, or a permanent security
against those disputes with other nations, which, being among
the greatest of public calamities, it ought to be least in the
power of any part of the community to bring on the whole.
1787. NOTES ON THE CONFEDERACY. 321
-i. Trespasses of the 4 These are alarming symptoms, and
States on the rights of may be daily apprehended, as we are ad
monished by daily experience. See the
law of Virginia restricting foreign vessels to certain ports; of
Maryland in favor of vessels belonging to her own citizens • of
N. York in favor of the same.
Paper money, instalments of debts, occlusion of courts, making
property a legal tender, may likewise be deemed aggressions
on the rights of other States. As the citizens of every State,
aggregately taken, stand more or less in the relation of cred
itors or debtors to the citizens of every other State, acts of the
debtor State in favor of debtors affect the creditor State in the
same manner as they do its own citizens, who are, relatively,
creditors towards other citizens. This remark may be extended
to foreign nations. If the exclusive regulation of the value
and alloy of coin was properly delegated to the federal author
ity, the policy of it equally requires a controul on the States
in the cases above mentioned. It must have been meant — 1.
To preserve uniformity in the circulating medium throughout the
nation. 2. To prevent those frauds on the citizens of other
States, and the subjects of foreign powers, which might disturb
the tranquillity at home, or involve the union in foreign con
tests.
The practice of many States in restricting the commercial
intercourse with other States, and putting their productions
and manufactures on the same footing with those of foreign
nations, though not contrary to the federal articles, is certainly
adverse to the spirit of the Union, and tends to beget retalia
ting regulations, not less expensive and vexatious in themselves
than they are destructive of the general harmony.
5. Want of concert in 5' This defect is strongly illustrated in
matters where common the state of our commercial affairs. How
much has the national dignity, interest,
and revenue, suffered from this cause ? Instances of inferior
moment are the want of uniformity in the laws concerning
naturalization and literary property; of provision for national
seminaries; for grants of incorporation for national purposes,
VOL. i. 21
322 WORKS OF MADISON. 1787.
for canals, and other works of general utility; which may at
present be defeated by the perverseness of particular States
whose concurrence is necessary.
6 Want of Guaranty 6. ^^e Confederation is silent on this
to the states of their point, and therefore by the second article
Constitutions and laws ,11 T /» ,n * -, i ,1 •, , . i
against internal vio- the hands oi the lederal authority are tied,
icnce. According to Republican Theory, Right
and power, being both vested in the majority, are held to be
synonymous. According to fact and experience, a minority
may, in an appeal to force, be an overmatch for the majority:
1. If the minority happen to include all such as possess the
skill and habits of military life, and such as possess the great
pecuniary resources, one-third only may conquer the remaining
two-thirds. 2. One-third of those who participate in the choice
of the rulers may be rendered a majority by the accession of
those whose poverty excludes them from a right of suffrage,
and who, for obvious reasons, will be more likely to join the
standard of sedition than that of the established Government.
3. Where slavery exists, the republican Theory becomes still
more fallacious.
7. A sanction is essential to the idea of
7. Want of sanction to , . n ^
the laws, and of coercion law, as coercion is to that ot Government,
in the Government of T1 federal SyStem being destitute of both,
the Contederacy. J
wants the great vital principles of a Politi
cal Constitution. Under the form of such a Constitution, it is
in fact nothing more than a treaty of amity, of commerce, and
of alliance, between independent and Sovereign States. From
what cause could so fatal an omission have happened in the
articles of Confederation? From a mistaken confidence that
the justice, the good faith, the honor, the sound policy of the
several legislative assemblies would render superfluous any ap
peal to the ordinary motives by which the
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